Ohio law allows a Probate Court to appoint a person to be an Emergency Guardian over another under very limited circumstances. According to section 2111.02 of the Revised Code, an Emergency Guardian may be appointed if a guardianship is not already in place, an emergency exists and it is reasonably certain that immediate action is required to prevent significant injury to a person or their estate.
Forms are provided in part on our website, along with other forms that can be found on the website of the Supreme Court of Ohio that must be completed and filed with the court if an Emergency Guardianship is pursued. There must be an accompanying statement of expert evaluation, along with a Supplement statement completed and signed by a licensed physician.
The court may approve the appointment of an Emergency Guardian without a hearing for a period of three days. If the appointment must extend beyond the three days, a hearing must be held allowing for an additional thirty day extension, if necessary.