Guardianship and conservatorship in Ohio: who, where, cost
How a court can name a guardian or conservator in Ohio, what it costs and what to try first.
Checked against official sources: October 31, 2026.
Short answer
Guardian of the person, guardian of the estate, guardian of the person and estate; limited guardian; interim guardian (up to 15 days); emergency guardian (up to 72 hours); standby guardian.
- Filing fee
- Set by each county probate court as a deposit at filing. Example: Butler County Probate Court asks $260 (person only) or $280 (estate, or person and estate) at filing, with more costs as the case goes on.
- Court
- Probate division of the court of common pleas in the county where the adult lives or has a legal settlement.
What guardianship or conservatorship is
- What it is called
Guardian of the person, guardian of the estate, guardian of the person and estate; limited guardian; interim guardian (up to 15 days); emergency guardian (up to 72 hours); standby guardian
- When a court may appoint one
An adult is 'incompetent' if a mental or physical illness or disability, intellectual disability or chronic substance abuse makes them unable to take proper care of themselves or their property. Incompetency must be proved by clear and convincing evidence at a hearing. Evidence of a less restrictive alternative must be considered if offered, and the court may deny guardianship because one exists.
Law: R.C. 2111.01(D); R.C. 2111.02(C)
- Kinds
- Guardian of the person, estate, or both
- Limited guardian with specific powers
- Interim guardian (up to 15 days, extendable up to 30 more)
- Emergency guardian (up to 72 hours)
- Conservatorship chosen by a competent adult who is physically infirm
Law: Ohio Rev. Code §§ 2111.01, 2111.02, 2111.03, 2111.121
Who can ask, which court and your own choice
- Who may ask
Any interested party, including someone you nominated in a durable power of attorney or a signed nomination; the probate court can also act on its own motion.
- Court
Probate division of the court of common pleas in the county where the adult lives or has a legal settlement.
- Choosing your own
You can nominate your future guardian in a financial power of attorney, a health care power of attorney, or a separate writing signed before two witnesses or a notary. The court follows your most recent nomination unless there is good cause or the person is disqualified.
Law: R.C. 1337.28, 1337.12(E), 2111.121
- Effect on a power of attorney
Appointing a guardian does not end your power of attorney. The agent must also account to the guardian of the estate, and the court can limit, suspend or end the power of attorney only after notice to the agent and a best-interest finding. The same rule protects a health care power of attorney.
Law: R.C. 1337.28(C), 1337.12(E)(4)
Cost, fee waiver and forms
- Filing fee
Set by each county probate court as a deposit at filing. Example: Butler County Probate Court asks $260 (person only) or $280 (estate, or person and estate) at filing, with more costs as the case goes on.
Source: court instructions dated July 2026
- Forms
- Steps
Other options and where to report abuse
- Less restrictive options
- Less restrictive alternative to guardianship: The probate court must consider evidence of a less restrictive alternative and may deny a guardianship if one exists.
- Financial power of attorney: You name an agent to handle money and property; it can start now or on incapacity.
- Durable power of attorney for health care and living will: You name a health care agent and write end-of-life wishes.
- Conservatorship for a competent physically infirm adult: An adult who is competent but physically infirm can ask the probate court to appoint a conservator and can end it.
- Report abuse or exploitation
Ohio Adult Protective Services (Ohio Department of Job and Family Services, county agencies) · 1-855-644-6277
Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov
Free help in Ohio
- Ohio Legal Help (statewide legal aid website, find free legal help)
- Ohio Legal Help: Ohio advance directives
- Ohio Legal Help: Financial power of attorney
- Supreme Court of Ohio: Standard probate forms (guardianship)
- Ohio Department of Health: Do-Not-Resuscitate
- Find free legal aid at LawHelp.org
Report abuse or exploitation
Ohio Adult Protective Services (Ohio Department of Job and Family Services, county agencies) · 1-855-644-6277
Questions about powers of attorney in Ohio
How does guardianship or conservatorship work in Ohio?
An adult is 'incompetent' if a mental or physical illness or disability, intellectual disability or chronic substance abuse makes them unable to take proper care of themselves or their property.
What does a guardianship or conservatorship cost in Ohio?
Set by each county probate court as a deposit at filing. Example: Butler County Probate Court asks $260 (person only) or $280 (estate, or person and estate) at filing, with more costs as the case goes on.
What are the alternatives to guardianship in Ohio?
Less restrictive alternative to guardianship; Financial power of attorney; Durable power of attorney for health care and living will; Conservatorship for a competent physically infirm adult.