Legal Question in Family Law in Ohio

Guardianship of Mentally Incompetent Adult

My daughter is 21 and mentally retarded. I have been advised to get legal guardianship for her in order to take care of her affairs. My ex-husband said that he does not want this or he might ''lose his rights,'' which is silly. He barely spends any time with her as it is. Now that she is an adult, can we leave the state without his interference? Does guardianship in Ohio automatically transfer to other states? Thank you.


Asked on 2/19/04, 6:12 pm

1 Answer from Attorneys
Robert Guehl Guehl Law Offices

Re: Guardianship of Mentally Incompetent Adult

You should apply for the guardianship. There is an interstate compact which recognizes child custody/guardianship orders in most states. Her father does not lose any "rights" he may have because of the guardianship - the only rights he now has are that of inheritance, and possibly consultation for medical care. The guardianship should be for both the person (medical care, etc.) and the estate (her financial affairs).

Good luck!

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Answered on 2/20/04, 9:02 am


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