A guardian is a person, association or corporation appointed by a probate court to be legally responsible for an incompetent person and/or the person’s property. Most commonly, individuals are appointed to serve as guardians. The person for whom a guardian has been appointed is called the ward.
Only a court may appoint a guardian. You, however, may nominate in advance a guardian to act for you, or for your minor or adult incompetent children. A court will appoint the guardian you nominate unless that person is unsuitable for some reason or the person declines to serve as guardian. The nomination must be in writing and witnessed either by two disinterested individuals or be notarized. Many people nominate a guardian in a will. Please see my Ohio Probate & Wills libguide or resources on drafting a will. You can also nominate a guardian in a financial, or health care, power of attorney document. Please see my Ohio Power of Attorney Law libguide for more information.