QUESTION

Where would I file for guardianship of my dad due to his mental health issues?

Asked on Aug 25th, 2021 on Guardianship and Conservatorship - Ohio
More details to this question:
My father has ongoing issues with mental health. He has been inpatient treat 4 times in the last 12 months and numerous times over the last 3 years. My parents are legally separated in Ohio. My father became homeless and went off his medications. He crashed his vehicle in Beckley, WV. He was taken inpatient for altered mental status in Beckley. He is on a psych ward there. The hospital there had declared him mentally incapacitated and made me his medical surrogate in the state of WV. But WV told me I have to file emergency and long term guardianship in his home county in Ohio. Warren County told me I have to file in WV. His legal home address is in Lebanon, OH, Warren County. My father has had numerous issues when he goes off his medications and has been held in FL and IN inpatient psych as well as jail in IN. I need to file guardianship to help him in his own best interest.
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1 ANSWER

Asset Protection and Medicaid Planning Attorney serving Cuyahoga Falls, OH at Legacy Law Firm, LLC
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See Section 2112.21 of the Ohio Revised Code for the requirements that must be met in order for an Ohio Court to have jursidiction to establish a guardianship.  If his residence is in fact in Warren County, then that is likely the probate Court that you would need to file with. All in all, you will likely need to get an attorney on board to assist you with the process and sort things out. Best of luck.
Answered on Aug 26th, 2021 at 7:49 AM

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