Public Comment Sought on Proposed Changes to Guardianship Rules

The Supreme Court of Ohio opened a public comment period on proposed amendments to the requirements governing guardianships for adults.

The proposal would make changes to the Rules of Superintendence for Courts of Ohio to clarify how probate courts should handle guardians who are family members and apply to be direct service providers for their adult wards. Unless otherwise authorized by law, the current rules don’t allow a direct service provider to be appointed by a probate judge as a guardian for a ward. Direct services include medical and nursing care; case management services; care coordination; speech, occupational, or physical therapy; counseling; and legal representation.

The intent of the current rules was to prevent professional guardians from also providing direct services due to the inherent conflict of interest. However, the prohibition wasn’t intended to apply to a guardian who is a family member of the ward.

A Commission on the Rules of Superintendence subcommittee that reviewed the rules noted concerns about the shortage of direct support professionals and the need for more family member guardians to become a provider of services to adult wards. The proposed changes from the commission would:

• Add a new definition to Rule 66.01 for the term “family member.”
• Amend Rule 66.04 to remove the overall restriction on direct service providers from being appointed as a guardian.
• Amend Rule 66.09(G) to clarify that guardians may not provide direct services without notifying the court and following the necessary accreditation process. The rule contains an exception for family member guardians.

Comments on the proposed amendments should be submitted in writing no later than May 5, 2025, to:

Keely McWhorter
Supreme Court of Ohio
65 South Front Street
Columbus, Ohio 43215
OR
RuleAmendments@sc.ohio.gov