EMERGENCY GUARDIANSHIP CHECKLIST
INITIAL FILING FEE
Court Costs: $159.00 deposit
REQUIREMENTS
The alleged incompetent adult must be a current resident of Fairfield County, Ohio. At the hearing on the application for appointment of guardian, the applicant bears the burden of proving, by clear and convincing evidence both of the following:
- the ward’s mental incompetence; and
- that the appointment of an emergency guardian is the only feasible alternative for the necessary protection of the ward (Fairfield County Local Rule 66.4).
For more information on Emergency Guardianship requirements, please refer to Section 2111 of the Ohio Revised Code, and Fairfield County Local Rules 66.1 and 66.4.
NOTE:
- All paperwork must be typed or written neatly in blue ink.
- All filings must be single-sided. We will not accept double-sided originals.
- Please do not staple original paperwork. We cannot accept filings with staples.
INITIAL FILING
- Self-Representation Acknowledgment (FC Form 75.1) If applicable
- This form must be filed if applicant is not represented by an attorney.
- Contact Information Form (FC Form 75.3(A))
- Application for Appointment of Emergency Guardian (FC Form 17.0(E))
- Supplement for Emergency Guardian of Person (FC Form 17.1(A))
- Criminal Background Check Waiver (see Local Rule 66.1(B) for requirements)
- Affidavit (see Local Rule 66.4(B) for requirements) (FC Form 17.1(B))
- Statement of Expert Evaluation (FC Form 17.1)
- Ex Parte Judgment Entry Appointment of Emergency Guardian for Incompetent Person (FC Form 104.3(D))
- Letters of Emergency Guardianship (FC Form 104.3(C))
- Notice to Ward of 72 Hour Appointment of Emergency Guardian (FC Form 104.3(H))
FILING FOR EXTENSION
- (Must not be filed until Letters of Emergency Guardianship are granted)
- Motion to Extend Emergency Guardianship (FC Form 104.3(E))
- Entry Setting Hearing to Determine Continuation of Emergency Guardianship (FC Form 104.3(F))
- Judgment Entry Continuing the Emergency Guardianship (FC Form 104.3(G))