Legal Question in Wills and Trusts in Ohio

In Ohio, the process of a guardianship requires specific paperwork to be filed with Probate Court of the county were the alleged incompetent resides. A physician or psychiatrist should complete a form known as a Statement of Expert Evaluation, which would then be attached to the application for appointment of a guardian; the Statement form can be obtained from the Probate Court. If the alleged incompetent will not voluntarily submit to such an evaluation, the application can be filed with the Statement of Expert Evaluation and a notification to the Court that the alleged incompetent would not submit to a voluntary evaluation. The applicant can then make a motion that the Court order an evaluation to be done.

It may be possible to avoid the need for a guardianship, since you already have a POA for your father. You should meet with an experienced estate planning / probate lawyer to have the entire situation reviewed in detail.

If you already have your father's power of attorney then you may be able to avoid the expense of a guardianship. You should consult with an estate planning attorney who can advise you of your options.