Thursday, October 25, 2007



This booklet offers a brief but comprehensive, non-legalistic overview of guardianship in Ohio, especially for families who have a child with mental retardation. Much of the information is also relevant concerning someone with mental illness, or concerning someone who has lost competence as the result of an injury or the effects of aging.

About the Author

David Zwyer, Esq., is Executive Director of the Ohio Developmental Disabilities Council. He has been speaking to parents about guardianship and estate planning issues for more than 20 years. Dave is also a past Chairman of the Disability Law Committee of the Ohio State Bar Association.

About the Ohio DD Council

The Ohio Developmental Disabilities Council is a planning and advocacy group of 35 members appointed by the Governor. ODDC receives and disseminates federal funds in the form of grant projects to create visions, influence public policy, pilot new approaches, empower individuals and families and advocate for systems change.


Parents as Guardians
Who needs a Guardian?
Types of Guardianship
Less restrictive forms of Guardianship
What rights are taken away when a Guardian is appointed?
Alternatives to Guardianship
Residency requirement for Ohio Guardians
Immunity for Ohio Guardians
Conflict of interest provision concerning providers of services
Choosing a Guardian
Guardianship agency for those without available family
Naming Guardians in a Will
The application process/fees
What happens at the hearing?
Do I need an Attorney to apply for Guardianship?
Reporting Requirements
Rights/duties/responsibilities of Guardians
What if a Guardian does not appear to be doing a good job?
Guardianship in a Medicaid world
Terminating Guardianships

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