Dispensing with a Guardianship

FOR A MINOR

An Application to Dispense with Appointment of Guardian is a separate case that may be filed in the Probate Court of the County where a minor resides if the funds the minor is expected to receive do not exceed $25,000. 

  • The funds might be received from an insurance policy on which the minor is named beneficiary, from an estate where the minor is entitled to inherit, or from a wrongful death settlement where the net proceeds do not exceed $25,000.00.
    • The funds will be sequestered in a custodial deposit at a financial institution under the minor’s sole name.  
    • No access is given to the funds until age 18, or upon a court order.
    • They must be deposited in a depositary authorized to hold fiduciary funds and be located in, or have offices in, Ohio.
  • The Attorney, the applicant, and the minor child must appear at the hearing.
    • The attorney or applicant must give at least seven (7) days notice of the hearing to any non-custodial parent of the minor who has not waived notice of the hearing.
    • After the entry is filed, the attorney and the applicant shall be responsible for providing the financial institution with a certified copy of the entry and depositing the funds.
      • The attorney and/or applicant must obtain a Verification of Receipt and Deposit (Form 22.3) from the financial institution and file it with the Court within seven (7) days of the entry being issued.
  • If (a) the funds passing to the minor result from a settlement of a minor’s claim for which there is a separate probate case filed for approval of the settlement, and (b) the net sum passing to the minor is less than $10,000, then the filing of an Application to Dispense is not required.

Items necessary to file a Dispensing with Guardianship of a Minor:

  1. Application – Minor is to be filed in the county where the minor resides;
  2. A Narrative Statement of the Event giving rise to the funds or other source of the funds;
  3. A certified copy of the minor’s birth certificate;
  4. The base court cost deposit; please contact the Court for the amount;
  5. All other requirements listed below.

FOR AN ADULT INCOMPETENT

An Application to Dispense with Appointment of Guardian for Adult Incompetent is a separate case that may be filed with this Court IF:

  • The adult incompetent is a resident of Shelby County; and 
  • The assets do not exceed $25,000, including the annual rental receipts.

Funds will be sequestered in a restricted access account at a financial institution under the adult incompetent’s name.

  • A restriction imposed upon the funds that there be no access to them without a specific court order. 
  • When appropriate, the Court may establish a pre-approved periodic withdrawal schedule.

After hearing, if the entry is approved the attorney and the applicant shall be responsible for providing the financial institution with a certified copy of the entry and depositing the funds. 

  • The attorney and/or applicant must obtain an Initial Verification of Receipt and Deposit (Form 22.3A) from the financial institution and file it with the Court within seven (7) days of the funds being received.
  • The financial depositary must be authorized to hold fiduciary funds and be located in, or have offices in, Ohio.

Items necessary to file a Dispensing with Guardianship of Adult Incompetent:

  • Application – Adult Incompetent is to be filed in the county where the adult incompetent resides;
  • A statement identifying the source of each asset;
  • A Statement of Expert Evaluation supporting the allegation of incompetency;
  • The base court cost deposit; please contact the Court for the amount.

 

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.

COURT FORMS

Application for Deposit of Adult's Funds without Appointment of Guardian

Application for Deposit of Minor's Funds without Appointment of Guardian

Application for Release of Funds to Custodial Depository in Lieu of Bond

Entry Ordering Release of Asset Directly to Custodial Depository to be Held in Lieu of Bond

Confidential Disclosure of Personal Identifiers (Form 45D)

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