New Guardianship Rules: What About Those Plans?

The Supreme Court adopted extensive amendments to the Guardianship Rules, which were effective June 1, 2015. Among these amendments is the requirement for all guardians to file an “Annual Plan” with the Probate Court. This new requirement has raised a number of questions: What should be in these Annual Plans? How is the Annual Plan […]

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Guardians: Take Note!

By Attorney Franklin J. Hickman The Supreme Court issued extensive new rules affecting all guardians in Ohio, effective June 1, 2015. Major highlights are summarized below. The full text of the rule can be found here.   Pre-Appointment Training (66.06) Every guardian, both existing and newly appointed, must attend a six-hour course on the fundamentals […]

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In the Past 40 Years…

By Attorney Franklin J. Hickman Forty years ago I was sworn in to become a newly minted attorney in Ohio, with the sole ambition of doing battle for the rights of people with mental disabilities. There have since been many fights on many fronts – the only constant has been continual change and a realization […]

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Consent for Care and Services Alternatives for People with Disabilities

By Attorney Franklin J. Hickman Everyone seeking health care and services in today’s world is faced with an array of forms which require informed consent. People with disabilities are often told they will need a guardian in order to get the care or services.  This summary examines four alternatives which allow an individual with disabilities […]

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Right to Legal Counsel Extends to Guardianship Review Hearings

By Attorney Elena Lidrbauch When a guardianship application is initially filed, certain steps must be followed by all probate courts. The case is initially assigned to a court investigator who must meet with the prospective ward (the individual under guardianship) and inform the prospective ward of his or her rights. Included among these rights are […]

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Does My Adult Child Need a Guardian?

Parents often ask about establishing guardianship for their child.  Usually this occurs when a child has a disability and is about to turn 18.  The parents may be aware, or have been told by someone, that once a child reaches age 18, he or she has reached the age of majority and is presumed (unless […]

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Ohio’s New Self Determination (SELF) Waiver

By Attorney Franklin J. Hickman The Ohio Department of Developmental Disabilities (“DODD”) will begin implementing the Self Empowered Life Funding (SELF) Waiver in July 2012.    DODD notes, “The SELF waiver is the first DODD-administered waiver that incorporates self-direction, which allows individuals with developmental disabilities to control their individual waiver budget and to direct where and […]

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