Guardianship in Ohio
Ombudsman
Continuing Education
aging.ohio.gov/services/ombudsman
Objective
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Preparation for advocacy related to new
guardianship standards
04/03/2015
Background
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Definitions
• “Best interest” means the course of action that maximizes what is
best for a ward, including consideration of the least intrusive, most
normalizing, and least restrictive course of action possible given the
needs of the ward.
• “Direct services”
• “Guardian” has the same meaning as in R.C. 2111.01(A).
• “Ward” means any adult person found by the probate division of a
court of common pleas to be incompetent and for whom a
guardianship is established.
• “Guardianship services” means the duties assigned to a guardian in
an adult guardianship case pursuant to R.C. Chapters 2109 and
2111.
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Application
• All guardianship cases except: appointing
court for good cause may, by order of the
court, exempt a guardian who is related to the
ward by consanguinity or affinity
• Corporation as guardian
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Local Rules
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Emergency guardianship
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Complaints
(1) The designation of a person for accepting and considering
comments and complaints
(2) Copy to the guardian who is the subject of the comment or
complaint
(3) Prompt consideration and take appropriate action
(4) Record regarding the nature and disposition of the comment or
complaint
(5) Notification to the person making the comment or complaint and
the guardian of the disposition
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Other
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Establishment
• Scope
– When establishing a guardianship, the probate
division of a court of common pleas shall consider a
limited guardianship before establishing a plenary
guardianship.
• County of residence
– The last county of residence in Ohio in which a ward
resided prior to losing the cognitive ability to choose
unless determined otherwise by the probate division
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• Guardianship of estate
– may waive establishing or continuing the
guardianship of the estate of a ward if the
assets and principal income of the ward do
not support a guardianship of the estate.
• Restrictions on direct service providers
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Responsibilities of Court
• General
– Criminal background check. If an attorney, may
accept certificate of good standing with
disciplinary information issued by the Supreme
Court
– Require information documenting compliance
with the guardian qualifications
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• Responsibilities regarding guardians with ten or
more wards
– Maintain a roster of the guardians
– Require certification that the guardian is unaware of
any circumstances that may disqualify the guardian
– Require annual fee schedule that differentiates
guardianship services fees from legal or other direct
services
– On or before March 1st review the roster of guardians
for education requirements and qualification
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Guardian Education
• Pre-appointment
– Must at the time of appointment or within six months thereafter,
completion of at least a six-hour guardian fundamentals course
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Establishing the guardianship;
Ongoing duties and responsibilities
Record keeping and reporting duties
Any other topic that concerns improving the quality of the life of a ward
– Exception
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Serving on June 1, 2015
Served as a guardian during the five years immediately preceding that date
Complete by June 1, 2016
Unless the court waives or extends for good cause.
• Annual Continuing Education
– At least three hours in length;
– Provided by the Supreme Court or, with the prior approval
of the appointing court, another entity
– Specifically designed for needs of guardians, advanced on
pre-appointment topics
– Report by January 1 each year
– Failure: not eligible for new appointments until
requirement met; if deficiency is more than three years,
complete at least a six-hour fundamentals course
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Responsibilities of Guardian
• Orders, rules, and laws
• Pre-appointment meeting
• Reporting abuse, neglect, or exploitation
– immediately to the probate division and
– when applicable, to APS
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• Limitation or termination of guardianship
– Seek to limit or terminate authority and promptly
notify the probate division if :
• Ward’s ability to make decisions and function
independently has improved
• Less restrictive alternatives available
• Plenary guardianship no longer in the best interest
• Ward has died
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• Change of residence
– Notify court of ward’s change of residence and
reason
• No later than ten days prior to the proposed change
unless impractical
– Change to a more restrictive setting subject to the
court’s approval, unless a delay would affect the
health and safety
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• Court approval of legal proceedings
– Before filing a suit for the ward.
• Annual plan
– Guardian of person: guardianship plan as
addendum to the guardian’s report.
– Guardian of estate: plan may be required
– Guardian’s goals for meeting the ward’s personal
and financial needs
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• Annual registration
– Guardians with ten or more wards
– Information court requires, including but not limited
to a fee schedule that differentiates guardianship
services from legal or other direct services
• Ward’s principal income
– Inform and apply to close guardianship of estate if
from governmental entities, a payee for that income is
identified, and no other significant assets or income
exist
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• Limits on guardian’s compensation
– Subject to Sup.R. 73
– Report other fees by source and entity authorizing
payment
– No incentives or compensation from any direct
service provider providing services to a ward
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• Conflict of interest
– Avoid actual or apparent conflicts of interest
– Report for review and determination as to
whether waiver is in best interest of ward
• Filing of ward’s legal papers
– In addition to inventory & within three months
after the appointment, file list of all important
legal papers
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Responsibilities to Ward
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Professionalism, character, integrity
Due diligence
Least restrictive alternative
Person-centered planning
Support system
Communication
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No direct services
Monitor & coordinate services and benefits
Extraordinary medical issues
End of life decisions
Case load
Confidentiality
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Guardian Compensation
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Set by local rule
Itemization of expenses
Additional compensation
Co-guardians
Denial or reduction
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Effective June 1, 2015
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