What is a Conservatorship?
- A conservatorship is designed for a person (conservatee) who is mentally competent but has physical limitations.
- A conservator supervises a conservatee.
- The conservatee must consent to a conservatorship, decide who will serve as conservator, and what property and powers of the conservatee will be included in the conservatorship. In addition, the conservatee decides which of the guardianship duties and procedures the conservator follows and the Court enforces.
- A conservator may be appointed either a conservator of the person, a conservator of the estate, or both. A conservator of the person has custody of, controls, and protects the individual. A conservator of the estate controls and protects the assets or property of the individual.
- When a petition is filed, the conservator receives Letters of Authority. Probate Court will determine:
- if the proposed conservatee is physically infirm;
- if the application is voluntary;
- if the proposed conservator is suitable; and
- what laws and procedures apply to this specific guardianship.
- A conservatorship is terminated if the conservatee is found mentally incompetent, the conservatee dies, by a Court order, or by a written request from the conservatee.
What to do:
- File an Application for Conservatorship in Probate Court.
- The Application must include a statement of the conservator’s willingness to perform as conservator and a bond as required by law.
- The proposed conservator is required to submit a BCI background check. Background checks should be completed at the time of application. Processing a background check can take anywhere from 3 to 30 days. The fee for BCI Background check is $32.00 and is non-refundable. You must have a valid government-issued photo ID (Driver’s License, State ID, Military ID, Green Card). Background checks are available through the Summit County Clerk of Courts, or you may go to the Ohio Attorney General’s Bureau of Criminal Investigation to locate a BCI background check site near you.
- If the conservatee wishes, the adult Next of Kin will be notified of the impending conservatorship and date and time of hearing. Next of Kin include: spouse, children, grandchildren, parents, siblings, or grandparents.
- If notification is requested, Next of Kin they may sign a Waiver of Notice and Consent.
- A hearing will be conducted by the Judge or Magistrate to determine if a conservatorship is necessary, the conservator is suitable, and the conservatee and conservator understand the duties.
To be a Conservator, fill out these forms – please type or print neatly.
- Form 20.0 [1] – Application for Appointment of Conservator
- Form 15.0a [2] – Next of Kin of Proposed Conservatee
- Form 15.1 [3] – Waiver Of Notice And Consent
- Form 15.2a [4] – Fiduciary’s Acceptance Conservator
- Form 15.3a [5] – Conservator’s Bond (determined at the hearing as to necessity and amount)
- Form CO.10 [6] – Non-Public Record Information
- Form GA-M.12 [7] – Guardian’s Credibility Application
- Form MISC.02 [8] – Self-Representation Acknowledgment
Fill out these forms after you have been appointed as a Conservator.
- Form 15.1 [3] – Waiver Of Notice And Consent
- Due within three months after appointment.
- Form 15.8 [9] – Conservator’s (Guardian) Account
- Must be filed on annual basis unless otherwise ordered by court.
- Calculations/totals must be correct.
- A Conservator must sign the account.
- If the account is delinquent, no expenditures, sales, distributions, or fees will be approved.
- You must supply receipts for all expenditures.
- Costs must be paid before an account is approved.
These forms are only needed when releasing or expending Conservatee funds.
- Form 15.6 [10] – Application for Authority to Release Funds
- Form 15.7 [11] – Application for Authority to Expend Funds/Order
- Inventory must be filed before expenditures will be approved.
- You must supply receipts for all expenditures.
Filing Fee:
The filing fee is $240.00
If you use a credit card, a 3% charge will be added.