Dispensing with a Guardianship

FOR A MINOR-

An Application to Dispense with Appointment of Guardian 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.  Only one minor may be listed on an Application. 

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.  

While there are alternatives available for handling the funds, the most common approach is for the Court to order the funds to 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.

Pursuant to Ohio Rule of Superintendence 67(C), after 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 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. 

The funds are being held in a custodial account in the minor’s name until the age of majority (18).  They must be deposited in a depositary authorized to hold fiduciary funds and be located in Ohio.  

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. Copy of Driver’s License or Government issued picture ID of the applicant, natural parent(s) or person having custody of the minor;
  3. A Narrative Statement of the Event giving rise to the funds or other source of the funds;
  4. A certified copy of the minor’s birth certificate;
  5. The base court cost deposit is seventy dollars ($70.00); and
  6. Complete the applicable Probate Forms listed to the right. 

FOR AN ADULT INCOMPETENT-

An Application to Dispense with Appointment of Guardian for Adult Incompetent may be filed with this Court if the adult incompetent is a resident of Delaware County and the assets do not exceed $25,000.00, including the annual rental receipts.   

While there are alternatives available for handling the funds, the most common approach is for the Court to order the funds to be sequestered in a custodial deposit at a financial institution under the adult incompetent's name, with 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 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 custodial depositary must be authorized to hold fiduciary funds and be located in Ohio.  

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

  1. Application - Adult Incompetent is to be filed in the county where the adult incompetent resides;
  2. Copy of Driver’s License or Government issued picture ID of the applicant;
  3. A statement identifying the source of each asset;
  4. A photocopy of the adult incompetent's birth certificate;
  5. A Statement of Expert Evaluation supporting the allegation of incompetency;
  6. Social Security Information form (confidential) as to the adult incompetent;
  7. The base court cost deposit is seventy dollars ($70.00), cash or check only; and
  8. Complete the applicable Probate Forms listed to the right.

 

Additional information