Guardianship Update

Monday, July 6, 2015

UpdateWe recently shared some information about new Ohio guardianship rules, which included training requirements. The following is an additional update regarding new guardian duties:

  • Guardians of all types must file a list of all of a ward’s “important legal papers, including, but not limited to estate planning documents, advance directives, and POAs.” They must also list the location of the papers. Some courts are requiring filing of actual papers, not just a list. The list must be filed within three months of appointment. For existing guardians, the presumption is to file the list in a timely fashion, but there is nothing in the rule.
  • Guardians must give notice to the court of all changes in residence at least 10 days in advance, except in emergencies. They must also get court approval for a transfer to more restrictive setting or a setting outside of the county, except when a delay would affect the ward’s health and safety.
  • Guardians cannot provide direct services without court approval. This will impact parents who are waiver providers and guardians.
  • The best interest is still the controlling standard, but the guardian must establish the ward’s preferences and take these into account.

- Posted by Attorney Franklin Hickman

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