Ohio Editorial: Upgrading Guardianship

Franklin County Probate Judge Robert G. Montgomery’s plan to provide better oversight of vulnerable wards — by using social workers as guardians instead of attorneys — sounds worthy. It might even provide the state with a model for reform.

But the abuse and theft that flourishes under Ohio’s guardianship system requires statewide rules and reforms to end the chaos of 88 different county systems. These courts control the lives of 65,000 elderly, ailing and disabled Ohioans, including 6,000 in Franklin County.

While some courts have commendable programs to monitor their court-appointed guardians, others are overwhelmed, neglectful or complicit in abuse. A five-part Dispatch series, “Unguarded,” found courts routinely place vulnerable Ohioans in the hands of others, often total strangers, and then fail to protect them from being locked up, forcibly drugged, mistreated and robbed. (The series is online at Dispatch.com/unguarded.)

One attorney-guardian, Kevin A. Craine of Upper Arlington, charged wards $500 to $600 to buy them a token Christmas gift. In one year, he billed one elderly woman, already paying $58,000 for nursing-home care, another $211,000 for services from a private-care company — on whose board he sits.

These were just some of the problems that The Dispatch uncovered, prompting investigations by Montgomery’s court, Ohio Attorney General Mike DeWine and Franklin County Prosecutor Ron O’Brien. And three Ohio legislators have called for hearings to prompt changes.

Judges acknowledged the system is broken, and many have tried on their own to fix it. But individual efforts are insufficient to repair a jumble of rules and practices.

“Only through a combination of legislative reform, rulemaking and the adoption of best practices will long-term changes be realized,” wrote Jonathan Fulkerson, DeWine’s deputy chief counsel, in a recent letter to Ohio Chief Justice Maureen O’Connor.

O’Connor is considering rule changes on adult guardianships, prompting the input from DeWine’s office. But the chief justice has said she is satisfied to let judges enact reforms county by county, so as to not impose a one-size-fits-all approach to vastly differing communities.

She should reconsider. Sufficient court protection for vulnerable residents shouldn’t hinge on which county they call home.

Montgomery, who took over Franklin County’s court in January 2011, isn’t waiting for further study or more guidance, according to a Dispatch story last Sunday. He got the legislature last month to change Ohio law to allow him to set up a nonprofit guardianship agency.

It would have a three-person board of directors, appointed by him and by members of the county’s Alcohol, Drug and Mental Health Board and Board of Developmental Disabilities. An executive director and social workers, as well as volunteers and interns, would care for wards.

This idea is promising, but Ohio needs a comprehensive statewide reform of its guardianship system. As the baby boomers age and more people are diagnosed with dementia — or mental illness and traumatic brain injury — our system will face even greater challenges.

Ohio should hasten to adopt standardized rules and protections for court-ordered guardianships.

Source:
Upgrading Guardianship