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A new law in Ohio is designed, in part, to protect people under court-appointed guardians.
House Bill 595, signed into law Dec. 21 by outgoing Gov. John Kasich, among other things, allows county probate courts to establish adult guardianship services boards and funds to provide for the oversight of services and care for those under guardianship. Several probate courts have implemented similar voluntary programs, but the new law enables every probate court to implement what many contend is much-needed oversight over court-appointed guardians.
When an adult becomes incapable of managing personal decisions or property, a probate court may appoint a guardian to make decisions on behalf of that adult. These decisions can be related to property, medical care, living arrangements, and financial issues. Guardianship cases for adults can be expensive, time consuming and complex. Guardianship, however, can be an indispensable tool in protecting an adult, and the adult's estate. Guardians can even help prevent elder abuse and financial exploitation.
Guardianship, unfortunately, can itself be abusive, and a guardian with extensive authority, can be a threat to the adult's estate. This blog contains numerous articles (several listed below) detailing the risk of guardianship abuse, ranging from guardianship appointments that are not well-founded or justified, to financial and physical abuse of adults by their court-appointed guardians.
The lack of quality court monitoring in guardianship is one factor that can lead to abusive situations, and sometimes a court will lose track of a ward and the ward's condition, the ward's money, or even the guardian. State courts are responsible for monitoring guardians' performance and ensuring that individuals under guardianship are protected and treated appropriately. AARP has found that follow-up with reporting requirements and accounting required by guardians is lacking in many states across the country, in part, due to the sheer overload of cases in the system.
When an adult becomes incapable of managing personal decisions or property, a probate court may appoint a guardian to make decisions on behalf of that adult. These decisions can be related to property, medical care, living arrangements, and financial issues. Guardianship cases for adults can be expensive, time consuming and complex. Guardianship, however, can be an indispensable tool in protecting an adult, and the adult's estate. Guardians can even help prevent elder abuse and financial exploitation.
Guardianship, unfortunately, can itself be abusive, and a guardian with extensive authority, can be a threat to the adult's estate. This blog contains numerous articles (several listed below) detailing the risk of guardianship abuse, ranging from guardianship appointments that are not well-founded or justified, to financial and physical abuse of adults by their court-appointed guardians.
The lack of quality court monitoring in guardianship is one factor that can lead to abusive situations, and sometimes a court will lose track of a ward and the ward's condition, the ward's money, or even the guardian. State courts are responsible for monitoring guardians' performance and ensuring that individuals under guardianship are protected and treated appropriately. AARP has found that follow-up with reporting requirements and accounting required by guardians is lacking in many states across the country, in part, due to the sheer overload of cases in the system.
“Cutting red tape for county courts to work together to provide services to individuals under guardianship could save time, money for the individual, their families/caregivers, and the state,” AARP State Director Barbara A. Sykes said in a statement. “Additionally, when state courts work together on such cases, they could not only be more efficient and effective, but they could also potentially detect signs of abuse and exploitation earlier in the legal process.”
Of course, effective planning, especially "Aging-in-Place" planning, does not rely upon the legal or financial system for success. Reform should always be applauded, because, so often, real change takes time. Whether and when these changes will reduce the incidence or effect of abusive guardianship remains to be seen. Regardless, the wise plan for the worst, and with an effective estate, financial, and health care plan in place, hope for the best.
Of course, effective planning, especially "Aging-in-Place" planning, does not rely upon the legal or financial system for success. Reform should always be applauded, because, so often, real change takes time. Whether and when these changes will reduce the incidence or effect of abusive guardianship remains to be seen. Regardless, the wise plan for the worst, and with an effective estate, financial, and health care plan in place, hope for the best.
The new law, is known as the Probate Omnibus Bill, and thus is not limited to just guardianship reform; the law amends several state statutes including those concerning probate, trusts and estates, and elderlaw. Future articles will discuss other areas impacted by the new law.
Previous articles include the following:
Previous articles include the following:
- Guardianship Reform Helps, but Planning Shouldn't Wait;
- Astronaut Buzz Aldrin Subject of Guardianship Dispute;
- Health Care Ageism And Senior Profiling;
- Contesting Guardianship or Challenging Guardians Is Problematic;
- Estate Plans Should Consider and Attempt to Resolve Guardianship;
- Illinois Permits Guardian Authority to Petition for Termination of a Ward's Marriage;
- GAO reports on Guardianship Abuse;
- National Groups Acknowledge Need for Guardianship Reform;
- Report on Abuse by Guardians and the Guardianship Process Released;
- Another Reason for Guardianship Planning: Guardian Convicted of Homicide in Death of Ward
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