Understanding Third-Party Guardianship in Ohio: What You Need to Know

In Ohio, a guardianship is established when an individual (or agency) is appointed by the probate court to manage the care and/or estate of an adult deemed incompetent. While guardianships are often uncontested within families, challenges arise when family members disagree on who should act as the guardian. In such cases, Ohio probate judges may appoint a neutral third party, often an attorney, to serve as the guardian. 

READ MORE: Guardianship of an Incompetent Adult – The Basics

When is a Third-Party Guardian Appointed?

When there are conflicting family opinions, also known as contested guardianship cases, judges often turn to a neutral third-party guardian to ensure an unbiased decision is made for the best interest of the ward. These appointed guardians, often attorneys, have significant discretion in managing the ward’s personal and financial affairs.

Depending on the type of guardianship, the guardian (in conjunction with court approval) may decide who the ward can see or communicate with, and is responsible for making decisions about medical care, housing, and financial management. Family members should be cautious in dealing with a third-party guardian, as the court grants authority to this third party, often superseding family wishes. 

READ MORE: Guardianship – Least Restrictive Means

Important Considerations for Family Members 

It’s always important to understand the role of a guardian if you’re involved in a guardianship matter, but this is particularly critical in contested cases. The outcome may not align with family expectations, as a neutral third-party guardian may be appointed, leaving families with less influence. Family members should respect the authority of a third-party guardian, as the court has deemed them the most appropriate person to act in the ward’s best interest. However, if a family member feels the guardian is not acting in the ward’s best interest, legal avenues exist to contest the guardianship. 

Conclusion 

In summary, while the appointment of a third-party guardian is designed to protect an incompetent adult’s interests, family members should understand that the appointed guardian has broad powers and discretion. Engaging with the guardian thoughtfully and legally is important to ensure the ward’s well-being.