INSTRUCTIONS
FOR APPOINTMENT OF GUARDIAN OF A MINOR
(MINOR’S
PERSON ONLY, ESTATE ONLY OR PERSON & ESTATE)
These instructions are intended as a guideline only
and should not be relied upon as a comprehensive list of duties in a
guardianship.
You cannot file an application for guardianship
over a minor’s person if the minor’s parents are divorced or if there has ever
been a custody order from Juvenile Court.
You must contact either the Domestic Relations Court or Juvenile Court
under these circumstances.
A person can apply to be Guardian of the Estate or Guardian of the Person & Estate of a minor when the proposed minor ward has obtained more than $25,000 in assets.
When a Guardianship of the Estate of a Minor or a
Guardianship of the Person & Estate of a Minor is established there must be
joint control of those monies between the guardian and an attorney, unless the
monies of the guardianship are placed in a custodial depository.
A filing fee of $101.00 (person only) or $125.00 (person
& estate or estate only) deposit is required at the time of filing. Please confirm the amount with the
Cashier since filing fees may have changed subsequent to the publication of
this instruction sheet. This fee
must be paid in cash, money order, certified check, MasterCard, Discover, or
American Express. No personal checks
will be accepted.
If the establishment of a guardianship is required to
settle a minor’s claim when the gross estate is over $25,000 the filing fee is
an additional $20.00.
The forms may be obtained from the Issue Desk on the 9th floor of the Probate Court, 230 East 9th Street, Cincinnati, Ohio or by downloading the forms from the web site.
STEP 1:
COMPLETE THE FOLLOWING FORMS FOR THE
INITIAL FILING |
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Application for Appointment of Guardian of Minor (16.0) - Complete information |
At the time of initial filing |
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Next of Kin of Proposed Ward (15.0) - List all next of kin (those people who are closest blood relatives) of the proposed ward. - Be sure to specify complete addresses of all those listed. |
At the time of initial filing |
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Judgment Entry Setting
Hearing on Application for Appointment (15.01) - Fill in the name of the proposed ward only, the magistrate will fill in hearing date & time and sign & date the form. |
At the time of initial filing |
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Waiver of Notice and
Consent (15.1) -
If possible, have all next of kin execute form. -
If unable to obtain all waivers, certified mail service must be completed on those that did not
sign waivers (See form 16.4) |
At the time of initial filing if signed by next of kin |
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Fiduciary’s Acceptance
(H.C. 15.2) - Complete name of minor, sign and date. Note: The Court will hold applicant responsible for the
duties described on this form. |
At the time of initial filing |
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Authorization to Release
Confidential Information (H.C. 15.11) - Complete form, sign in presence of a witness, and have witness sign. |
At the time of initial filing |
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Affidavit (H.C. 16.1) - This is necessary
for all minor guardianships. -
Complete form. -
If there have been any proceedings in Domestic Relations, Juvenile, or Probate Court they must
be disclosed. -
Have form notarized. |
At the time of initial filing |
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Selection of Guardian by
Minor Over Fourteen Years of Age (16.2) -
A minor over the age of fourteen (14) has the right to select a guardian in writing. |
At the time of initial filing |
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Notice of Hearing for
Appointment of Guardian of Minor (H.C. 16.3) -
Notice must be served on all minor potential wards who are 14 years of age or older. -
Complete necessary information. -
The Court will fill in the hearing date & time and sign & date
the form. - A copy of the completed notice must be personally
served upon the ward at least 8 days prior
to the hearing. -
Affidavit of service shall be made on the back of the form. |
At the time of initial filing The clerk will return the form to the applicant. The applicant will personally serve a copy of the form on the minor and return the original form to the magistrate on the day of the hearing. |
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Notice of Hearing on
Application for Appointment (16.4) -
All next of kin who have not waived notice must receive certified mail notice of the hearing on
the application for appointment. -
Present certified mail return (green card) from each individual who did not waive notice to the magistrate assigned to your
case. -
Affidavit of service shall be made on the back of the form. |
At the time of initial filing The clerk will return
the form to the applicant. The applicant will serve a copy of the form by certified mail on the next of kin. The original form will be presented to the magistrate on the day of the hearing. |
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THE NEXT GROUP OF
FORMS IS NOT NEEDED AT THE INITIAL FILING. |
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Guardian’s Bond (15.3) -
When applying for a Guardianship of the Estate of a minor, the applicant is required to
execute a bond when the minor’s total personal property value is more
than $25,000. -
Applicant must execute and date form. -
Bond must be executed by a surety company in front of the court personnel. -
The bond shall be twice the value of the minor’s personal property. |
Once signed by the applicant, the bond form needs to be left with the Court in order for the agent of the surety company to execute the bond in the presence of the clerk. May be left with the Court anytime prior to the hearing. |
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Oath of Guardian (15.9) -
Complete form, but do not sign.
Oath must be executed in front of a magistrate. |
Preferably at the time of initial filing, if not, day of hearing. |
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Letters of Guardianship
(15.4) -
Complete form. -
The court clerk will sign and date. |
Preferably at the time of initial filing, if not, day of hearing. |
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Statement of Counsel and
Guardian – Custody of Funds (H.C. 115.20) -
Complete form. -
Both attorney and applicant must sign. -
Filed only when guardianship includes Estate, a bond is presented and the assets are not being
placed in the Deposit in Lieu Program. |
Preferably at the time of initial filing, if not, day of hearing, if needed. |
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Entry Appointing
Co-Signer for Estate Funds (H.C. 115.21) -
Complete form. -
Magistrate will
approve day of hearing; if guardianship is granted. |
Preferably at the time of initial filing, if not, day of hearing, if needed. |
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Judgment Entry –
Appointment of Guardian of Minor (H.C. 16.5) -
Complete form. -
The court will execute if the guardianship is granted. |
Preferably at the time of initial filing, if not, day of hearing. |
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Application for Release
of Funds to Custodial Depository in Lieu of Bond (H.C.204.05) -
Complete form. -
Filed when there is not an attorney and applicant does not want to obtain one. -
Filed to dispense with requirement of joint control with an attorney, posting of a bond
and filing of yearly accounts. |
Normally the day of the hearing |
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Entry Releasing Funds to
Custodial Depository in Lieu of Bond (H.C. 204.06) -
Complete form. -
Make sure you have obtained an account number from the bank. |
Normally the day of the hearing |
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Verification of Receipt
and Deposit of Custodial Depository (H.C. 204.07) -
A bank clerk completes form once the funds are in the account. -
Normally the bank sends the form to the court. |
Filed by the bank, normally within 30 days from filing of Entry Releasing Funds to Custodial Depository |
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Guardian’s Inventory
(15.5) -
If the guardianship is for the Estate or Person & Estate, the guardian must file an
Inventory specifically listing the assets of the minor and the value of
those assets. |
3 months from date of appointment |
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Application and Order
Authorizing Release of Funds (15.6) -
To obtain the right for the guardian to release funds, complete form. -
Specifically list the name of the financial institution, the type of account and the account
number. |
Anytime after the appointment has been granted |
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Application and Order
Authorizing Expenditure of Funds (15.7) -
All expenditures made by the guardian have to be approved by the court if a Guardianship of the Estate is established. -
Complete form -
List who is to be paid, purpose of the expenditure, and amount of expenditure. |
Anytime after the Guardian’s Inventory has been filed |
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Guardian’s Account (H.C.
15.8) (Custodial depository is not
utilized) -
From the date of their
appointment, the Guardian of the Estate is responsible for filing of an
annual account. -
Specifically list the assets of the ward that were listed on the Inventory (15.5) plus all
income and disbursements. |
Every year from date of appointment. |
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Bank Certificates
(15.81) -
Have an employee of each bank where Guardianship funds are deposited complete form. -
Guardian must sign. -
Attach this form (15.81) to the Guardian’s Account (15.8). |
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Entry Setting Hearing on
Account (H.C. 213.8) - Fill in the name of the ward only, the Court will fill in
hearing date & time and sign & date the form. |
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Notice of Hearing on
Account (H.C. 13.5) - When filing a final account, the guardian shall
serve certified mail notice to the ward if
the ward has reached majority or to the next of kin of the ward
if the ward is under 18, unless waivers (13.7) are obtained. - See Local Rule 64.1 (D). |
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Waiver of Notice of
Hearing on Account (H.C. 13.7) - If possible have the ward execute the form if ward has
reached majority or the next of kin if
the ward is under 18 years old. |
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Entry Approving and
Settling Account (H.C. 13.3) - Complete form. - Present to an account clerk for further processing. |
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STEP 2: ASSIGNING OF MAGISTRATE, REVIEWING OF
FORMS, AND SETTING HEARING DATE. |
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When all forms have been completed, present them to the magistrate’s assistant at the information desk on the 9th Floor of Probate Court for a magistrate to be assigned. All forms are then taken to the available magistrate for review and setting of hearing date is set usually within 3 weeks. If you are unable to obtain waivers from the next of kin, the hearing date may be extended for the certified mail service to be completed. |
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STEP 3: FILING OF
FORMS WITH CASHIER |
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All forms are taken to
the cashier who will assign a case number. At this time, the
cashier will require the payment of the filing fee of $101 or $125 depending
on whether you are applying for guardian of the person or estate. The cashier will stamp
the case number on all the papers plus one set of copies, if provided, and
clock in the original forms that can be docketed that day. After clocking in the
forms, the cashier will place the forms in a file folder and give it to you
to take to the Issue Desk. The clerk at the Issue
Desk will return to you any notices that you are to serve. |
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STEP 4: SERVICE OF
NOTICE OF HEARING |
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The Notice of Hearing
for Appointment of Guardian of Minor (16.3) must be personally served
on any minor age 14 or older at least eight days prior to the hearing date. The clerk at the Issue
Desk will make you a copy to serve. If you know you are
unable to obtain waivers from the next of kin you need to have copies made of
the Notice of Hearing on Application for Appointment (16.4) and send them
Certified Mail, Return Receipt Requested showing date of delivery. |
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STEP 5: THE HEARING –
WHAT TO EXPECT |
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Uncontested Hearing –
Person only |
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At the date and time of
the hearing, you (and your attorney, if attorney is obtained) should report
to the 9th Floor of the Probate Court to the assigned magistrate.
(The magistrate will already have the file with the forms you initially
filed.) If you had to obtain
waivers or serve notices of the hearing you will give them to the magistrate. The Magistrate will
conduct the hearing, and if the magistrate finds a guardian should be
appointed, a Decision of Magistrate and Entry Appointing Guardian will be
completed. The magistrate will
escort you to the Issue Desk and have the Letters of Guardianship issued. |
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Uncontested Hearing –
Person and Estate or Estate Only |
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At the date and time of
the hearing, you (and your attorney, if attorney is obtained) should report
to the 9th Floor of the Probate Court to the assigned magistrate.
(The magistrate will already have the file with the forms you initially
filed.) If you had to obtain
waivers or serve notices of the hearing you will give them to the magistrate. The magistrate will
conduct the hearing, and if the magistrate finds a guardian should be
appointed, a Decision of Magistrate and Entry Appointing Guardian will be
completed. The magistrate will
escort you to the Issue Desk and have the Letters of Guardianship issued if: -
Service on next of kin has been completed. -
Bond has been executed by surety. -
If presenting a bond, the Statement of Joint Control and Entry Appointing Co-Signer is also
filed. -
If not posting bond, need Application and Entry for Custodial Depository (with account number)
unless Guardian of the Estate is a bank. |
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Contested Hearing An adversarial–type
hearing will be held if anyone opposes the establishment of the guardianship. The magistrate may
decide the issue at the hearing or issue a written decision after the
hearing. |
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