Conservatorship
A conservatorship is a voluntary court supervised relationship in which a person who is mentally competent, but physically infirm, can apply to have someone appointed to care for the applicant’s Person, the applicant’s Estate, or both the Person and Estate.
A bond may be required in cases where a conservator of the estate is appointed.
After the application is filed, the Court will hold a hearing to determine whether (1) the applicant is physically infirm, (2) the application was voluntarily submitted, and (3) the conservator is suitable to serve. The applicant and the proposed conservator must both appear in Court at the hearing.
Upon Motion and for good cause shown, the Court may make confidential any file, record, application, account or paper in the possession of the Court that pertains to the conservatorship, except the index, docket and journal.
Items necessary to file a Conservatorship:
- Application for conservatorship is filed in the county where the applicant resides;
- A written statement from a physician that establishes that the conservatee is physically infirm; but, mentally competent;
- The base court cost deposit as listed in Appendix A of the Local Rules of Court; and
- All other requirements outlined on the Court’s Checklist found below.
Termination of a Conservatorship
A conservatorship can be terminated if the Court determines that the conservatee has become mentally incompetent, dies, or has submitted written notice of termination. A resignation by the conservator will also terminate the case; unless a successor is appointed.
Frequently Asked Questions
What is a Conservatorship?
A conservatorship is voluntary, unlike an involuntary guardianship. It is established by a mentally competent individual who is physically infirm and wants an individual (the “conservator”) chosen by the applicant (the “conservatee”) to assist with making decisions regarding the care for the person or the assets of the conservatee. The conservatee wants the conservator to the have the accountability provided through Court supervision.
How does it differ from a Durable Power of Attorney?
The durable power of attorney creates an agency relationship that extends beyond incompetency and is not directly supervised by the Court. The conservator is monitored by the Court as a guardian would be monitored and the conservatorship terminates if the conservatee becomes incompetent.
How is a Conservatorship Commenced and Terminated?
What Guidelines Apply to the Conservatorship?
Once the appointment is made, all of the laws and procedures applicable to a guardianship apply to the administration of a conservatorship.
Are there Standard Probate Forms Issued by the Supreme Court of Ohio for Use in Conservatorships?
There were three forms in the #20 series of the Supreme Court of Ohio Standard Probate Forms; however, those forms were withdrawn by the Supreme Court of Ohio effective September 1, 1991 and their use is no longer mandatory. Local forms are available at the bottom of this page.
Does the Applicant need an Attorney?
Standard Probate Forms
For all Standard Probate Forms click here.
For Checklists and Forms exclusive to Shelby County Probate Court, see the forms section below.