Pursuant to Ohio Revised Code Section 2111.02, if a minor or incompetent has not been placed under a guardianship, and if an emergency exists and it is reasonably certain that immediate action is required to prevent significant injury to the person or estate of the minor or incompetent, at any time after it receives notice of the emergency, the Probate Court, ex parte, may issue an order that it considers necessary to prevent injury to the person or estate of the minor or incompetent, or may appoint an emergency guardian for a maximum period of seventy-two hours.

Applications for emergency guardianship must be accompanied by a completed Statement of Expert Evaluation (Form 17.1), along with a completed Supplement for Emergency Guardian of Person (Form 17.1A) and a fully executed Authorization for Release of Information (Form 271.00).  Applications should also contain any attachments or exhibits that may assist the Probate Court in determining whether to grant an emergency guardianship.

Once the Application has been filed and the appropriate filing fee paid, the Application and any accompanying materials will be reviewed by the Judge or Magistrate.  The Judge or Magistrate may, but is not required to, meet with the applicant or attorney filing the Application.

An emergency guardianship will be granted only if there is reasonable certainty that immediate action is required to prevent significant injury to the person or estate of the individual.  The Probate Court recognizes that an emergency guardianship

should not be granted where another remedy may be appropriate.

If the Judge or Magistrate declines to grant an emergency guardianship, the Probate Court may, in its discretion, schedule the matter on an expedited basis.

If the Judge or Magistrate approves the request for emergency guardianship, the following will occur:

1. A Judgment Entry will issue granting emergency guardianship for a period of seventy-two (72) hours.

1. A hearing will be scheduled within seventy-two (72) hours in order to determine whether to extend the emergency order for up to thirty (30) days.  Unless otherwise waived by the Court, a physician shall personally appear at the hearing to testify why it is reasonably certain that immediate action is required to prevent significant physical injury to the person or the minor or the alleged incompetent.

1. The person over whom the emergency guardianship is sought is the only person required to be served with any notices required under R.C. 2111.02(B)(3), unless the Court requires notice to other persons.  Due to the short time constraints the law imposes in emergency guardianship proceedings, the Court requires that all notices be served in person.  If necessary, the applicant must file an application for appointment of a special process server, who must file a return of the service before expiration of the initial 72 hour emergency guardianship period or within three Court Days after filing of the entry granting an extension.

1. As soon as possible after the issuance of the emergency guardianship order, a Probate Court Investigator will visit with the ward.

1. Following hearing, the Probate Court may extend the seventy-two (72) hour emergency guardianship for a period not to exceed thirty (30) days, in which case a Judgment Entry will issue.