My disabled daughter just turned 18. Do I need to apply to be her legal guardian to handle her financial affairs?

Asked over 5 years ago - Cincinnati, OH

She has bank accounts I have kept for her and has an MRDD facilitator and MRDD gets funding. But Michelle gets no medicaid or medical help from the state and is on my poor insurance.
I asked last month about what I need to do specifically when she turns 18 and they haven't told me anything. What do I do so I can be her guardian?

Attorney answers (1)

  1. David G. Weilbacher, Esq.

    Contributor Level 15

    Answered . If your daughter is not mentally competent, you can petition the probate court in the county in which your daughter resides for a guardianship. You will need to make to requests. You will be requesting to be named "guardian of the person", which allows you to make medical, housing and other similar decisions, and requesting to be named "guardian of the estate", which will allow you to handle her finances. You can obtain the necessary forms from the probate court. Please be aware that the court's personnel is by law not permitted to assist you with completing the forms. If you do not feel you can fill out the forms properly, you should hire an attorney.

    Review this statute: http://codes.ohio.gov/orc/2111 It is the statute that regulates this area of law. Good luck.

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