1. aging.ohio.gov/services/ombudsman Guardianship in Ohio Ombudsman Continuing Education

2. Objective  Preparation for advocacy related to new guardianship standards 04/03/2015

3. Background 04/03/2015

4. 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. 04/03/2015

5. 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 04/03/2015

6. Local Rules  Emergency guardianship 04/03/2015

7.  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  Other 04/03/2015

8. 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 04/03/2015

9. 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 04/03/2015

10. 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 04/03/2015

11. 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 04/03/2015

12. 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 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 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. 04/03/2015

13. 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 04/03/2015

14. 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 04/03/2015

15. 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 04/03/2015

16. 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 04/03/2015

17. 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 04/03/2015

18. 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 04/03/2015

19. 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 04/03/2015

20. 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 04/03/2015

21. Responsibilities to Ward Professionalism, character, integrity Due diligence Least restrictive alternative Person-centered planning Support system Communication 04/03/2015

22. No direct services Monitor & coordinate services and benefits Extraordinary medical issues End of life decisions Case load Confidentiality 04/03/2015

23. Guardian Compensation Set by local rule Itemization of expenses Additional compensation Co-guardians Denial or reduction 04/03/2015

24. Effective June 1, 2015 04/03/2015