My mom had a stroke a few months ago and I need to file for conservatorship as I understand it. She is not mentally capable to making decisions at this point nor taking care of herself; she is currently in a nursing home. I need to sell her property in the next 13 months because of Medicaid.

My siblings are all on board with this and my next plan is to get a lawyer, but I am not sure where I should get a lawyer.

Will we file with the Probate courts in the county where she lived prior to her stroke or in the county where I reside and she is currently?

EDIT: So this post may be of help to people in the future... I needed written confirmation from the county where her home was located that the probate court was relinquishing jurisdiction over the case; the county where I filed continued the case because they needed that in writing. Also, I basically was told by the court that I had to get a lawyer because I needed to sell my mom's real estate and that it would be very difficult for a lay-person to successful do a land sale. Also, I couldn't find a bonding company that would bond me (even with GREAT credit) until I had a lawyer.

1 Answer 1


You need to apply to be a guardian, not a conservator. A conservator can be appointed by someone who's competent only, and you've stated that she isn't. I'm not sure that you need a lawyer yet, but your first step may be to read this PDF, a guide to guardianship published by the office of the Ohio Attorney General.


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