Legal Question in Elder Law in Ohio

Re: mentally incompetent.

If you are seeking to be appointed guardian than you need to start a guardianship proceeding with the probate court where the person lives.

Re: mentally incompetent.

For a Probate Court to declare someone incompetent, it must first have an Application for Appointment of Guardian of Alleged Incompetent before it upon which to make a decision. Typically, the person desiring to become the Guardian would retain a lawyer to prepare and file this Application.

To support the Application, a Statement of Expert Evaluation is attached which details an examination of the alleged incompetent person by a doctor or psychologist. This Statement is required, unless the alleged incompetent person has refused to voluntarily submit to such an exam, in which case the Court can Order the exam to be done.

There are 2 issues which the Court will decide regarding the Application. First, whether or not the person is incompetent. Second, if the person is found incompetent, then the Court must decide if the Applicant is a suitable Guardian.

It is worth noting that a Guardian will probably need to be bonded by an insurance company to protect the assets of the estate, so if the Applicant has credit problems or criminal convictions they will not likely be bondable and will not be able to become a Guardian.

In the event you cannot be a Guardian over someone, or if you just do not want that responsibility, but you are concerned about someone's well being, you can contact Adult Protective Services anonymously and they can investigate and refer the case to the Probate Court; the Court with then take care of finding a suitable Guardian.