packet to transfer guardianship from ......once you have met the other court’s requirements, the...

PACKET TO TRANSFER GUARDIANSHIP FROM ANOTHER STATE

PRE-FILING INSTRUCTIONS Please answer the following questions before you complete and file this packet:

Provide the case name and number of the guardianship:

Case Name: ____________________________

Case No: ____________________________ Provide the name and state of the court you are transferring the guardianship from: Court Name: ____________________________ State: ____________________________ NOTE: If you are transferring the guardianship from a court in Florida, Kansas, Michigan, Texas, or Wisconsin, you may not use this packet.

FILING INSTRUCTIONS PART ONE: File a Petition to Transfer Guardianship in the court you are transferring the guardianship from.

Depending on the other court’s requirements, you may need to file additional documents. You must contact the other court to find out what its requirements are.

Once you have met the other court’s requirements, the other court will file a Provisional Order to Transfer Guardianship.

PART TWO: Request a certified copy of the order appointing you as guardian and a certified copy of the Provisional Order to Transfer Guardianship from the other court. File the following documents with Montgomery County Probate Court.

__ Petition to Accept Transfer of Guardianship

MC Form 120

Write the ward’s name on the case name blank. Leave the case number blank. Complete the rest of the form. Sign on the Attorney’s Signature blank and/or the Guardian’s Signature blank.

ATTENTION: The following instructions are provided as a general guideline to help guardians who are transferring a guardianship from a court in another state to Montgomery County Probate Court. These instructions are not comprehensive and may not apply in every case.

The employees of the Court are not allowed to give legal advice. This means that they cannot give you advice that is specific to your case and cannot help you fill out these forms. If you need case-specific advice or help filling out forms, you are strongly encouraged to speak with an attorney who is experienced in guardianship matters.

__ Next of Kin of Ward MC Form 123

Write the ward’s name on the case name blank. Leave the case number blank. Complete the rest of the form. Sign on the Guardian’s Signature blank.

__ Waiver of Notice and Consent to Transfer of Guardianship

MC Form 124

If any next of kin are waiving notice of the petition: Write the ward’s name on the case name blank. Leave the case number blank. Complete the rest of the form. Any next of kin who are waiving service must print their name and sign on the signature blank.

__ Affidavit – Search for Address MC Form 110

If you are unable to determine the address of any next of kin: Write the ward’s name on the case name blank. Leave the case number blank. Complete the rest of the form. Sign on the Affiant’s Signature blank, in the presence of a notary public or deputy clerk.

__ Certified copy of order appointing you as guardian

__ Certified copy of Provisional Order to Transfer Guardianship

__ Provisional Order to Accept Transfer of Guardianship

MC Form 121

Write the ward’s name on the case name blank. Leave the case number blank. The Judge will complete and file this form.

PART THREE: Request a certified copy of the Provisional Order to Accept Transfer of Guardianship from Montgomery County Probate Court. File the certified copy of the order with the other court. Depending on the other court’s requirements, you may need to file additional documents with the other court. You must contact the other court to find out what its requirements are.

Once you have met the other court’s requirements, the other court will file a Final Order to Transfer Guardianship.

PART FOUR: Request a certified copy of the Final Order to Transfer Guardianship from the other court. File the following documents with Montgomery County Probate Court.

__ Certified copy of Final Order to Transfer Guardianship

__ Final Order to Accept Transfer of Guardianship

MC Form 122

Provide the case name and number. The Judge will complete and file the rest of this form.

M.C. FORM 120 – PETITION TO ACCEPT TRANSFER OF GUARDIANSHIP12/15/17

PROBATE COURT OF MONTGOMERY COUNTY, OHIO ALICE O. McCOLLUM, JUDGE

GUARDIANSHIP OF:

CASE NO.:

PETITION TO ACCEPT TRANSFER OF GUARDIANSHIP [R.C. 2112.32]

INSTRUCTIONS: Provide the requested information and sign on the Guardian’s Signature blank. Attach certified copies of the Order Appointing Guardian and Provisional Order To Transfer Guardianship.

I was appointed the guardian of the person and estate of the above-named ward on

_________________________, __________, in the State of _________________________, County of

_________________________, Case Number __________________________.

Certified copies of the following documents are attached:

__ Order Appointing Guardian

__ Provisional Order to Transfer Guardianship

It is in the ward’s best interest to transfer the guardianship to this State. I am eligible to be

appointed guardian under the laws of this State. Therefore, I request that the Court issue a Provisional

Order to Accept Transfer of Guardianship. I further request that, upon filing of a Final Order to Transfer

Guardianship, the Court issue a Final Order to Accept Transfer of Guardianship and appoint the

guardian.

__________________________________________ Attorney’s Signature

__________________________________________ Attorney’s Printed Name

__________________________________________ Address

__________________________________________ City State Zip Code

__________________________________________ Telephone Number

__________________________________________ Attorney Registration Number

__________________________________________ Guardian’s Signature

__________________________________________ Guardian’s Printed Name

__________________________________________ Address

__________________________________________ City State Zip Code

__________________________________________ Telephone Number

__________________________________________ Guardian’s Email Address

12/15/17


GUARDIANSHIP OF:

CASE NO.:

NEXT OF KIN OF WARD [R.C. 2112.31(B)]

(NOTE: Specify the age and birthdate of each minor under 16 on the line containing the minor’s name. List the name and address of the minor’s parent, guardian or custodian on the name and address lines following the minor’s address.)

Service Waived

Relationship Birthdate of minor

1.☐ Name

Address Zip

2.☐ Name

Address Zip

3.☐ Name

Address Zip

4.☐ Name

Address Zip

5.☐ Name

Address Zip

6.☐ Name

Address Zip

7.☐ Name

Address Zip

8.☐ Name

Address Zip

9.☐ Name

Address Zip

10.☐ Name

Address Zip

Date Guardian’s Signature

M.C. FORM 123 – NEXT OF KIN OF WARD

M.C. FORM 124 – WAIVER OF NOTICE AND CONSENT TO TRANSFER OF GUARDIANSHIP12/15/17


GUARDIANSHIP OF:

CASE NO.:

WAIVER OF NOTICE AND CONSENT TO TRANSFER OF GUARDIANSHIP

We, the undersigned, do each of us hereby waive the issuing and service of notice, and

voluntarily enter our appearance herein.

We do hereby consent to the transfer of the guardianship of the above-named ward to the State

of _________________________.

__________________________________ __________________________________ Printed Name Signature




M.C. FORM 110 – AFFIDAVIT – SEARCH FOR ADDRESS

6/01/16


IN THE MATTER OF:

CASE NO.:

AFFIDAVIT SEARCH FOR ADDRESS

INSTRUCTIONS: Provide the requested information and sign on the Affiant’s Signature blank, in the presence of a notary public or deputy clerk of the Court.

I, , being first duly cautioned and sworn, state that Name of Affiant

service cannot be made upon , because I do not know his or Name of person to be served

address and I am unable to find his or her address with reasonable diligence.

I have attempted to find the address of the person to be served by:

☐ Asking relatives and next of kin of the person to be served;

☐ Checking local telephone books;

☐ Calling the local telephone company;

☐ Checking local directories;

☐ Checking local county records, such as those held by the auto title department and board of

elections;

☐ Asking former neighbors of the person to be served;

☐ Checking social media;

☐ Other:

Affiant’s Signature

Sworn to before me and subscribed in my presence this day of , 20 .

Notary Public/Deputy Clerk

M.C. FORM 121 – PROVISIONAL ORDER TO ACCEPT TRANSFER OF GUARDIANSHIP12/15/17


GUARDIANSHIP OF:

CASE NO.:

PROVISIONAL ORDER TO ACCEPT TRANSFER OF GUARDIANSHIP

[R.C. 2112.32] This matter is before the Court on a Petition to Accept Transfer of Guardianship.

The Court finds that the ward, the ward’s next of kin, and any other persons entitled to service

have been properly served or have waived service of notice of the Petition to Accept Transfer

of Guardianship. The Court further finds that no objections have been made to the Petition to Accept

Transfer of Guardianship.

The Court finds that certified copies of the Order Appointing Guardian and Provisional Order to

Transfer Guardianship have been filed in this case.

The Court finds that the petitioner is eligible to be appointed guardian in this State.

WHEREFORE, the Court ORDERS that the Petition to Accept Transfer of Guardianship is

hereby PROVISIONALLY GRANTED.

DATE ALICE O. McCOLLUM, PROBATE JUDGE

M.C. FORM 122 – FINAL ORDER TO ACCEPT TRANSFER OF GUARDIANSHIP12/15/17


GUARDIANSHIP OF:

CASE NO.:

FINAL ORDER TO ACCEPT TRANSFER OF GUARDIANSHIP

[R.C. 2112.32] This matter is before the Court on a Petition to Accept Transfer of Guardianship.

The Court finds that the Petition to Accept Transfer of Guardianship was provisionally granted

and a Provisional Order to Accept Transfer of Guardianship was filed in this case.

The Court further finds that a Final Order to Transfer Guardianship has been filed in the other

State and a certified copy of the order has been filed in this case.

WHEREFORE, the Court ORDERS that the Petition to Accept Transfer of Guardianship is

hereby GRANTED and the petitioner is appointed guardian of the person and estate of the above-

named ward. The Court further ORDERS that this case be set for further hearing so that the petitioner

may appear and execute the necessary documents before Letters of Guardianship may be issued.

DATE ALICE O. McCOLLUM, PROBATE JUDGE

packet to transfer guardianship from ......once you have met the other court’s requirements, the...

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