Guardianship Rules Changes Address Disputed Visitations and Abuse

By Csaba Sukosd

Upcoming rule amendments will focus on a number
of matters about the well-being of people under a
court’s legal care.

The Supreme Court of Ohio has revised the Rules of Superintendence for the Courts of Ohio regarding probate matters related to the rights and safety of people under court guardianship.

Amendments to Rules 66—66.09 improve procedures for disputed visitation of wards – people under a court’s legal care who are not able to look after their own affairs. The amendments also are aimed at raising awareness of potential abuse, fraud, and exploitation. The changes go into effect on July 1.

Revisions include:

• Addressing situations where a prospective ward is prevented from receiving a required mental health examination;
• Clarifying the guardian’s role in determining people the ward can contact, and to facilitate visitation if it’s in the ward’s best interest;
• Requiring the training of prospective guardians on abuse, neglect, and exploitation issues;
• Mandating that guardians report abuse, neglect, or exploitation to law enforcement or the long-term care ombudsman when appropriate. An ombudsman is an advocate for people receiving home care, assisted living, and nursing-home care.

The changes were recommended by the Supreme Court’s Commission on the Rules of Superintendence. The initial proposals, which received public comment last year, were suggested by the Ohio Judicial Conference and the Ohio Association of Probate Judges.

Full Article & Source:

Guardianship Rules Changes Address Disputed Visitations and Abuse