Guardianship
For any child who has special health care needs, guardianship is an important issue. The Center for Infants and Children with Special Needs at Cincinnati Children's Hospital Medical Center offers solutions and resources to patients and families.
What is a Guardian | Guardianship Forms | Find an Attorney | Additional Resources
What is a Guardian?
Guardianship is a legal relationship created when an individual is named in a will or assigned by the court to take care of minor children or adults who have been declared incompetent. Guardian rights vary by state and sometimes by county. A guardian may be able to give consent for routine medical care and minor surgical procedures, but not for end-of-life decisions such as DNR (Do Not Resuscitate). It is therefore important that all members of the health care team, caregivers and family members understand the guardianship status of the child. In addition, children with chronic illnesses may have custody issues to consider:
- They may be in foster care or institutionalized
- Their parents may be unmarried or divorced
- The parent(s) may be minors
- One parent may have custody
- Custody may be shared
- Family members other than the parents may be the primary caregivers
At age 18, individuals are their own guardians, regardless of their mental or physical ability to assess and make decisions that affect their own financial and / or health care needs. If the disability interferes with the ability to make decisions, the caregiver may need to obtain guardianship, but this cannot be done until the child actually turns 18.
The person with the disability can choose a guardian or grant power of attorney. Power of attorney is a voluntary and reversible decision that can be "general," covering all financial and medical issues, or "limited," covering certain areas such as financial management alone.
When a person with a disability is unable or unwilling to choose a guardian or grant power of attorney, the court may declare the person incompetent and a guardian will be appointed. This procedure requires a medical and psychological evaluation. The probate court and an attorney with expertise in this area can provide guidance with the process.
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Guardianship Forms
In Ohio, guardianship falls under the Probate Court in your county. Virtually all Probate Courts in Ohio do not require an attorney to obtain guardianship. Some county courts provide the required forms on their web sites:
Hamilton County also has standard probate forms used in Ohio, but because some courts may not use these, you should check with your local county court:
You can also find information on guardianship in Kentucky and Indiana:
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Find an Attorney
Cincinnati Children's does not endorse specific attorneys.
- The Arc Hamilton County will send you an updated list of lawyers in the local area that have received training in special needs trusts and future planning.
- PLAN of Southwest Ohio, Inc. can provide a referral to an attorney experienced in developing special needs trusts.
- Academy of Special Needs Planners provides information and links to member attorneys in each state.
- Special Needs Alliance is a national organization of attorneys dedicated to the practice of disability and public benefits law. Individuals with disabilities and their families can be connected with nearby attorneys who specialize in disability law. They can provide assistance with estate and future planning, special needs trusts, guardianship and Medicaid and SSI eligibility.
Several Cincinnati area attorneys include general estate planning and special needs trusts information on their web sites:
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Additional Resources
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If your questions are not fully answered by our Special Needs Resource Directory and its links, please contact us via email.
Rev. 1/09
