of Coolidge Wall Co., L.P.A., shared a useful recap of some new rules affecting adult guardianships in Ohio on the Coolidge Wall blog recently, and we thought it was worthwhile sharing an excerpt from her post here. If you are the legal guardian of an adult, or if you may become one, it’s important to know the rules. If you’re in Northeast Ohio and in the process of pursuing adult guardianship, the Center for Effective Living offers evaluations and second opinions.
In 2014, the Columbus Dispatch published a five-part investigative report highlighting guardianship abuse in Ohio. During the course of the series, the Dispatch identified lawyer Paul S. Kormanik as a Court appointed guardian of over 400 incompetent adults. Mr. Kormanik did not meet with his wards on a regular basis, if at all, and was quoted as saying that nursing homes acted as his eyes and ears.
The series “Unguarded” uncovered a system that left the elderly, the mentally disabled, and the mentally ill vulnerable to abuse, exploitation, and neglect. In response to the series, the Ohio Supreme Court initiated new rules governing adult guardianships, effective June 1, 2015.
The new rules reinforce the importance of the guardian/ward relationship and place additional requirements on guardians. To be appointed, an individual must complete the application process established by the local court where the guardian intends to serve, undergo a criminal background check, and meet with the proposed ward. Once appointed, a Guardian must meet with the ward at least quarterly – a minimum requirement since Guardians are encouraged to visit their wards on a much more frequent basis.