Court Investigator's Report On Proposed Guardianship

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Court Investigator's Report On Proposed Guardianship is a commonly used form within Ohio. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Court Investigator's Report On Proposed Guardianship

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Court Investigator's Report On Proposed Guardianship:

• This form pertains to the State of Ohio

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Ohio’s Form 17.8 - Court Investigator's Report On Proposed Guardianship up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Ohio form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Ohio probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 17.8, take a break, and then review. Probate and estate settlement processes in OH are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 17.8 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 17.8 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Court Investigator's Report On Proposed Guardianship to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Ohio.

5 reasons you should submit 17.8 as quickly as possible:

1. The sooner you begin, the faster Ohio can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Ohio. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Ohio is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Ohio probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Ohio probate clerk or court for exact answers regarding Form 17.8, and when in doubt— consult a qualified trust & estates lawyer for that area.

Court Investigator's Report On Proposed Guardianship is one of the many probate court forms available for download through Atticus.

It may also be available through some Ohio probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Ohio.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 17.8 - Court Investigator's Report On Proposed Guardianship f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Ohio probate court office.

Court Investigator's Report On Proposed Guardianship is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Ohio-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Ohio Form 17.8 - Court Investigator's Report On Proposed Guardianship. You can use this to get an idea of the context of the form and what type of information is needed.

FORM 17.8 - COURT INVESTIGATORS REPORT ON PROPOSED GUARDIANSHIP Amended: May 1, 2021 Discard all previous versions of this form PROBATE COURT OF COUNTY, OHIO , JUDGE GUARDIANSHIP OF:____________________________________________________ CASE NO: __________________ COURT INVESTIGATOR’S REPORT ON PROPOSED GUARDIANSHIP [R.C. 2111.041] G ENERAL INFORMATION [To be compiled by Probate Court Investigator] Individual’s age_____________________ Relationship to applicant___________________ I ndividual’s residence___________________________________________________________ G rounds for application (R.C.2111.01 (D)): T he individual is alleged to be: mentally impaired as a result of a mental illness or disability. mentally impaired as a result of a physical illness or disability. mentally impaired as a result of intellectual disability. mentally impaired as a result of chronic substance abuse. any person confined to a correctional institution within this state. s o that the individual is incapable of taking proper care of the individual’s self. the individual is incapable of taking proper care of the individual’s property. the individual fails to provide for the individual’s family or other individual for whom the person is charged by law to provide. D ocumentation submitted and date of evaluation______________________________________ R eferral Source: _______________________________________________________________ [Page 2 of 7 Form 17.8] CASE NO. __________ FORM 17.8 - COURT INVESTIGATORS REPORT ON PROPOSED GUARDIANSHIP Amended: May 1, 2021 Discard all previous versions of this form INVESTIGATOR’S REPORT I.Service of Notice Made at Individual’s home Made in Hospital, Nursing Facility, or Community-Based Care Facility: N ame of Facility_______________________________________________________________ Address of Facility______________________________________________________________ A dministrator or representative served______________________________________________ Other_____________________________________________________________________ D ate of Service of Notice:________________ Others present during the contact (if yes, list name and relationship) _______________________ ________________________________________________________ ____________________ A. Individual’s understanding of the concept of guardianship: Good Fair Poor Unable to determine. Explain: ______________________________________________________________________ _____________________________________________________________________. B . Individual’s attitude to the concept of guardianship: Consenting Opposed Unable to Determine. Explain: ______________________________________________________________________ _____________________________________________________________________. C . Specific requests of the individual concerning enumerated rights: ________________ _____________________________________________________________________. II.M ental and Physical Conditions of Individual A. Individual’s reported mental and physical diagnosis: _ _________________________ I ndividual’s reported medications: ___________________________________________ R eported by whom: ______________________________________________________ [Page 3 of 7 Form 17.8] CASE NO. __________ FORM 17.8 - COURT INVESTIGATORS REPORT ON PROPOSED GUARDIANSHIP Amended: May 1, 2021 Discard all previous versions of this form B. Mental Status Observations: During interview were impairments noted in the Individual’s: Yes No Unable to Determine 1. Orientation (Person, Place and Time) 2. Speech 3. Thought Process 4. Affect 5. Memory 6. Concentration & Comprehension 7. Judgment Explain further if necessary:_____________________________________________________________ ____________________________________________________________________________. C. Describe the Physical Condition of Individual 1. Isolation_____________________________________________________________ 2. Eating Habits_________________________________________________________ 3. Significant Weight Loss or Gain___________________________________________ 4. Sleep Habits_________________________________________________________ 5. Motor Behavior _______________________________________________________ Explain further if necessary:_______________________________________________ _____________________________________________________________________ D. Describe the Environmental or Living Condition of the Individual: 1. Housing & Sanitation___________________________________________________ 2. Risk of Accidents______________________________________________________ [Page 4 of 7 Form 17.8] CASE NO. __________ FORM 17.8 - COURT INVESTIGATORS REPORT ON PROPOSED GUARDIANSHIP Amended: May 1, 2021 Discard all previous versions of this form 3. Physical Barriers______________________________________________________ 4. R esource Availability___________________________________________________ E xplain further if necessary:_______________________________________________ ___ __________________________________________________________________. III. F unctional Capacities A ctivities and Instrumental Activities of Daily Living Capable Incapable Unable to Determine 1. Eating 2. Dressing 3. Transfer from bed 4. Toileting 5. Bathing 6. Handling personal finances 7. Shopping 8. Driving 9. Meal preparation 10. Doing housework 11.Using telephone 12. Taking medications Explain further if necessary: ______________________________________________________________________ ___ __________________________________________________________________. [Page 5 of 7 Form 17.8] CASE NO. __________ FORM 17.8 - COURT INVESTIGATORS REPORT ON PROPOSED GUARDIANSHIP Amended: May 1, 2021 Discard all previous versions of this form IV.Additional Items Affecting Guardianship Plan Development A.Are there any indications or allegations of substance abuse by the individual or significant others that could impact the guardianship issue? Yes No Explain and recommend actions needed: _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________. B.Are there any special characteristics of the individual (including aggressive, violent, or sexual behaviors, or other vulnerabilities) that pose a risk to self or others, which should be considered as guardianship decisions on living arrangements and supervision are made? Yes No Explain the characteristics and make recommendations: _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________. C.Are there any allegations or indications of abuse, neglect, or exploitation of the individual? Yes No Explain and recommend needed actions: _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________. D. Is there a need for additional medical, psychiatric, or psychological testing? Yes No If yes, give specific recommendations: _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________. E.Are there inconsistencies between the Expert Evaluation and the Court Investigator’s findings that need further review by the Court? Yes No If yes, identify the inconsistencies and make a recommendation(s) to the Court: _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________. [Page 6 of 7 Form 17.8] CASE NO. __________ FORM 17.8 - COURT INVESTIGATORS REPORT ON PROPOSED GUARDIANSHIP Amended: May 1, 2021 Discard all previous versions of this form F.Are there unresolved issues/conflicts/ differences among the parties? Yes No If y es, would mediation be of assistance? Yes No Explain: ______________________________________________________________________ _____________________________________________________________________. G. Is there a power of attorney for financial affairs? Yes No Unknown If yes, where is it located? __________________________________________________. Who is the attorney-in-fact?________________________________________________. H. Is there a last will and testament? Yes No Unknown If yes, where is it located? ________________________________________________. I.Is there a durable power of attorney for health care/living will? Yes No U nknown If yes, where is it located? ______________________________________. Give name and address of attorney-in-fact:___________________________________. J.Is there an advance directive for mental health care? Yes No Unknown If yes, where is it located? ___________________________________________________. Give name and address of attorney-in-fact:____________________________________. K.Is the individual a veteran? Yes No V.RECOMMENDATIONS: Given the above information and Expert Evaluation(s): A. IS A GUARDIANSHIP NECESSARY? Yes Person Only Estate Only Person and Estate Limited List Duties_________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ No Explain and recommend a less restrictive alternative: ________________________ _____________________________________________________________________________ _____________________________________________________________________________ [Page 7 of 7 Form 17.8] CASE NO. __________ FORM 17.8 - COURT INVESTIGATORS REPORT ON PROPOSED GUARDIANSHIP Amended: May 1, 2021 Discard all previous versions of this form Are any of the mental, physical, or environmental conditions reversible? Yes No Unknown If yes, explain and recommend a date for the Court to review the guardianship. _______ ____________________________________________________________________________ B. NECESSITY FOR THE APPOINTMENT OF: Attorney Independent Expert Evaluator Are there special urgency needs? Explain:____________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Remarks: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ I certify that I have served notice to the alleged incompetent as required by statute and I have communicated to the individual in a language and method best understandable by the individual the individual’s right to be present at the hearing, the right to contest any application for the appointment of a guardian for his or her person, estate, or both, and the right to be represented by counsel. _________________________ _________________________________ Date Investigator