Court Services - Guardianship
 
A guardianship is a court ordered relationship in which the guardian acts on behalf of the ward.  The guardianship may be for the estate only where the guardian cares for the ward's assets, the person only where the guardian has responsibility of the personal needs of the ward, or both.
General Information
A filing fee is required when filing a guardianship. The amount of the fee is based upon the type of guardianship. There may be additional court costs required during the guardianship process. We do not accept credit cards.

We accept filings in person or by mail. If you wish for any file-stamped documents to be returned to you, a self-addressed, stamped return envelope should be provided to the Court.

The Miami County Probate Court personnel are prohibited by law to provide legal advice or to assist in filling out forms.

Three major types of Guardianships are:
  1. Emergency Guardianship
  2. Incompetent Guardianship
  3. Minor Guardianship

Emergency Guardianship
Application for guardianship is filed in the Probate Court of the County of the ward’s residence by an interested party, or on the Court’s own motion.

In an emergency in which significant injury to a prospective ward may occur unless immediate action is taken, the Court may appoint an emergency guardian for seventy-two (72) hours. The emergency guardianship may be extended an additional thirty (30) days by the court. Emergency guardianships must be filed in person at the Court.

A guardian may be appointed to be either a guardian of the person, a guardian of the estate, or both. A guardian of the person has custody of, controls, and protects the person of the ward. A guardian of the estate controls and protects the assets or property of the ward.

A guardian may be appointed with limited powers to make restricted or specific decisions of the ward. The ward retains all powers not granted to the guardian.

Incompetent Guardianship

Application for guardianship is filed in the Probate Court of the County of the ward’s residence by an interested party, or on the Court’s own motion.

A guardian may be appointed to be either a guardian of the person, a guardian of the estate, or both. A guardian of the person has custody of, controls, and protects the person of the ward. A guardian of the estate controls and protects the assets or property of the ward.

A guardian may be appointed with limited powers to make restricted or specific decisions of the ward. The ward retains all powers not granted to the guardian.


Minor Guardianship
Application for guardianship is filed in the Probate Court of the County of the ward’s residence by an interested party, or on the Court’s own motion.

A guardian may be appointed to be either a guardian of the person, a guardian of the estate, or both for a minor under 18 years of age. A guardian of the person has custody of, controls, and protects the person of the ward. A guardian of the estate controls and protects the assets or property of the ward.

A guardian may be appointed with limited powers to make restricted or specific decisions of the ward. The ward retains all powers not granted to the guardian.