Answer: Are guardianship of the person and guardianship of the estate the same in Ohio?
Short answer: No — in Ohio the court treats guardianship of the person and guardianship of the estate (or property) as separate roles. Being appointed guardian of the person does not automatically make you guardian of the estate. The court must separately appoint someone to manage the protected person’s property unless the probate court orders otherwise.
Detailed answer — what Ohio law says and how it works
Ohio law draws a clear line between authority over personal decisions (care, residence, medical treatment) and authority over financial matters (money, bank accounts, bills, property). The probate court handles both types of appointments but typically issues a separate appointment and letters for each role. You can ask the court to appoint the same person to both jobs, and courts often do so when appropriate, but the appointments are distinct and the court’s order must explicitly grant each set of powers.
The relevant state statutes that govern guardianship procedures and the powers of guardians are found in the Ohio Revised Code. For general guardianship provisions, see Ohio Rev. Code Chapter 2111: https://codes.ohio.gov/ohio-revised-code/chapter/2111. For statutory provisions addressing appointment and duties relating to a guardian of an estate or property, see the chapters addressing guardianship/conservatorship provisions on the Ohio codes website: https://codes.ohio.gov.
Typical court steps you will encounter in Ohio:
- Filing a petition in the county probate court to establish incapacity and request a guardian for the person, the estate, or both.
- Providing medical or professional evaluations supporting the alleged incapacity.
- Giving notice to the proposed ward and relatives and holding a court hearing.
- If the court finds incapacity, the judge will issue an order appointing a guardian of the person and/or a guardian of the estate. The order will specify the guardian’s powers and duties and may be limited or plenary.
- The appointed guardian must follow court requirements: obtain letters of appointment, file inventories, post bond if required, and file periodic accountings and reports to the probate court.
Because the appointments are separate, you should not assume you can act on the protected person’s finances just because you were appointed to make personal-care decisions. The probate court’s written order and the official letters of appointment determine exactly what you may do.
Practical implications
- If you need to handle bills, access bank accounts, sell property, or manage investments, you must be appointed guardian of the estate (or have another lawful mechanism such as a valid durable power of attorney in place).
- If you were already named guardian of the person but later find you also need authority over finances, you may petition the probate court to be appointed guardian of the estate as well.
- The court may limit powers to specific acts (for example, authority to pay bills and manage routine finances but not to sell a house without further court approval).
- Courts supervise estate guardians closely. Expect inventory, bonding, and periodic accountings for the guardian of the estate role.
How to proceed — step-by-step guidance
- Check the probate court file and the written court order. The order and the letters of appointment state which authorities you have.
- If you need estate powers and do not have them, file a petition with the probate court asking for appointment as guardian of the estate (or join the guardian of the estate petition if someone else is already acting).
- Prepare supporting medical evidence of incapacity and any financial information the court will need.
- At the hearing, be prepared to explain why a separate estate guardian is necessary and how you will safeguard the ward’s assets.
- Once appointed, follow fiduciary rules: obtain letters, file an inventory, secure a bond if ordered, keep detailed records, and file required accountings.
Helpful links
- Ohio Revised Code — Guardianship chapter: https://codes.ohio.gov/ohio-revised-code/chapter/2111
- Ohio Codes home (search other related guardianship/probate sections): https://codes.ohio.gov
- Your local county probate court website — for forms, local procedures, and filing instructions (search by county at your county courts site).
Helpful Hints
- Do not act on financial matters until the court has clearly given you authority. Banks and title companies will require court letters or a court order.
- Request both appointments in the original petition if you expect you’ll need both personal-care and estate powers — that can save time and extra hearings.
- Keep a clear, contemporaneous record of all transactions and decisions. Accurate records are essential for required accountings and to protect you from liability.
- Ask the probate clerk about bond requirements early. Posting a bond can be costly and takes time to arrange.
- Consider consulting a probate attorney if the estate is large, there are contested family dynamics, or complicated assets (business interests, multiple properties) are involved.
Disclaimer: This article explains general principles of Ohio guardianship law and is for educational purposes only. It is not legal advice. If you need advice about a specific matter, contact a licensed Ohio probate/estate attorney or your local probate court.