Guardianship

Guardianship takes away a person's ability to make choices about his or her life. There are other options which place fewer restrictions on a person with a disability that should be considered before deciding to appoint a guardian. This section provides information about guardianship and its alternatives.

Publications from OLRS about Guardianship

The following publications were written by OLRS. The information provided in any OLRS publication is not a substitute for legal advice. You should consult with a lawyer concerning your rights in a specific case.

• Frequently Asked Questions: Guardianship and Its Alternatives
• Booklet: Take Charge of Your Life: Know About Guardianship

Alternatives to Guardianship

It is important to consider the alternatives to having a guardianship.

• Power of Attorney: A "Power of Attorney" is a legal document that authorizes another person to act on behalf of a person. A power of attorney can grant complete authority or can be limited to certain acts and/or certain periods of time. In Ohio, there are laws that define several kinds of legal documents by which a person may name other people to speak for them. Learn more about powers of attorney in the Advance Directives section of the OLRS Web site.
• Social Security Representative Payeeship: The Social Security Administration (SSA) has a program that provides financial management for people who are having difficulty managing their Social Security or Supplemental Security Income (SSI) payments. The SSA first looks for family or friends to be a "representative payee." If family or friends are not available, SSA looks for qualified organizations to be a representative payee. Learn more in the Representative Payee Program section of the SSA Web site.
• Adult Protective Services for adults with developmental disabilities (DD): Protective services are available for adults with DD through the person's local county board of DD. Contact the local county board of DD for more information.
• Adult Protective Services for the elderly: If an elder lives in a nursing home or adult care facility and has unmet needs or problems with care, the Long-term Care Ombudsman Program of the Ohio Department of Aging can help. If an elder is suspected of being abused or neglected, contact the person's county department of Job and Family Services.
• Protection orders: A "protection order" is an order that lists a condition to provide safety and security for a specified person. A protection order may be used to order someone who is hurting a person or threatening to hurt a person to stay away and not have any contact. To get a protection order, contact your local civil or criminal court.

Links to Other Guardianship Resources

The following are links to other resources and organizations that may be of assistance to people with disabilities. The Ohio Legal Rights Service (OLRS) attempts to verify that the links referenced are helpful for people with disabilities to find the resources needed to advocate for their needs. However, OLRS does not guarantee that the information provided within the destination link is accurate or right for the particular needs of the person. Once you follow a link away from the OLRS Web site, refer to that site's privacy policy and disclaimer statements.

• AARP - Guardianship
• American Bar Association - Commission on Law & Aging
• American Bar Association - Elder Law Committee
• National Association to Stop Guardian Abuse
• National Guardianship Association
• Ohio Guardianship Association

Help from OLRS

If you think that your legal rights in guardianship matters have been violated because of a disability, OLRS may be able to help. OLRS is the state protection and advocacy system for Ohioans with disabilities. For more information about requesting help from OLRS, see Need our Help?

• Guardianship