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Guardianship / Conservatorship
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Guardianship Resources
FOR A MINOR
An Application to Dispense with Appointment of Guardian is a separate case that may be filed in the Probate Court of the County where a minor resides if the funds the minor is expected to receive do not exceed $25,000. The funds might be received from an insurance policy on which the minor is named beneficiary, from an estate where the minor is entitled to inherit, or from a wrongful death settlement where the net proceeds do not exceed $25,000.00. Only one minor may be listed on an Application.
The Attorney, the applicant, and the minor child must appear at the hearing. The attorney or applicant must give at least seven (7) days notice of the hearing to any non-custodial parent of the minor who has not waived notice of the hearing.
While there are alternatives available for handling the funds, the most common approach is for the Court to order the funds to be sequestered in a custodial deposit at a financial institution under the minor’s sole name. No access is given to the funds until age 18, or upon a court order.
Pursuant to Ohio Rule of Superintendence 67(C), after the entry is approved the attorney and the applicant shall be responsible for providing the financial institution with a certified copy of the entry and depositing the funds. The attorney and/or applicant must obtain a Verification of Receipt and Deposit (Form 22.3) from the financial institution and file it with the Court within seven (7) days of the entry being issued.
The funds are being held in a custodial account in the minor’s name until the age of majority (18). They must be deposited in a depositary authorized to hold fiduciary funds and be located in, or have offices in, Ohio.
If (a) the funds passing to the minor result from a settlement of a minor’s claim for which there is a separate probate case filed for approval of the settlement, and (b) the net sum passing to the minor is less than $10,000, then the filing of an Application to Dispense is not required.
Items necessary to file a Dispensing with Guardianship of a Minor:
An Application to Dispense with Appointment of Guardian for Adult Incompetent is a separate case that may be filed with this Court if the adult incompetent is a resident of Jackson County and the assets do not exceed $25,000.00, including the annual rental receipts.
While there are alternatives available for handling the funds, the most common approach is for the Court to order the funds to be sequestered in a restricted access account at a financial institution under the adult incompetent’s name, with a restriction imposed upon the funds that there be no access to them without a specific court order. When appropriate, the Court may establish a pre-approved periodic withdrawal schedule.
After the entry is approved the attorney and the applicant shall be responsible for providing the financial institution with a certified copy of the entry and depositing the funds. The attorney and/or applicant must obtain an Initial Verification of Receipt and Deposit (Form 22.3A) from the financial institution and file it with the Court within seven (7) days of the funds being received.
The financial depositary must be authorized to hold fiduciary funds and be located in, or have offices in, Ohio.
Items necessary to file a Dispensing with Guardianship of Adult Incompetent:
An Application to Dispense with Appointment of Guardian is a separate case that may be filed in the Probate Court of the County where a minor resides if the funds the minor is expected to receive do not exceed $25,000. The funds might be received from an insurance policy on which the minor is named beneficiary, from an estate where the minor is entitled to inherit, or from a wrongful death settlement where the net proceeds do not exceed $25,000.00. Only one minor may be listed on an Application.
The Attorney, the applicant, and the minor child must appear at the hearing. The attorney or applicant must give at least seven (7) days notice of the hearing to any non-custodial parent of the minor who has not waived notice of the hearing.
While there are alternatives available for handling the funds, the most common approach is for the Court to order the funds to be sequestered in a custodial deposit at a financial institution under the minor’s sole name. No access is given to the funds until age 18, or upon a court order.
Pursuant to Ohio Rule of Superintendence 67(C), after the entry is approved the attorney and the applicant shall be responsible for providing the financial institution with a certified copy of the entry and depositing the funds. The attorney and/or applicant must obtain a Verification of Receipt and Deposit (Form 22.3) from the financial institution and file it with the Court within seven (7) days of the entry being issued.
The funds are being held in a custodial account in the minor’s name until the age of majority (18). They must be deposited in a depositary authorized to hold fiduciary funds and be located in, or have offices in, Ohio.
If (a) the funds passing to the minor result from a settlement of a minor’s claim for which there is a separate probate case filed for approval of the settlement, and (b) the net sum passing to the minor is less than $10,000, then the filing of an Application to Dispense is not required.
Items necessary to file a Dispensing with Guardianship of a Minor:
- Application – Minor is to be filed in the county where the minor resides
- Copy of Driver’s License or Government issued picture ID of the applicant, natural parent(s) or person having custody of the minor
- A Narrative Statement of the Event giving rise to the funds or other source of the funds
- A certified copy of the minor’s birth certificate
- A base court cost deposit,
- Complete Probate Court forms.
An Application to Dispense with Appointment of Guardian for Adult Incompetent is a separate case that may be filed with this Court if the adult incompetent is a resident of Jackson County and the assets do not exceed $25,000.00, including the annual rental receipts.
While there are alternatives available for handling the funds, the most common approach is for the Court to order the funds to be sequestered in a restricted access account at a financial institution under the adult incompetent’s name, with a restriction imposed upon the funds that there be no access to them without a specific court order. When appropriate, the Court may establish a pre-approved periodic withdrawal schedule.
After the entry is approved the attorney and the applicant shall be responsible for providing the financial institution with a certified copy of the entry and depositing the funds. The attorney and/or applicant must obtain an Initial Verification of Receipt and Deposit (Form 22.3A) from the financial institution and file it with the Court within seven (7) days of the funds being received.
The financial depositary must be authorized to hold fiduciary funds and be located in, or have offices in, Ohio.
Items necessary to file a Dispensing with Guardianship of Adult Incompetent:
- Application – Adult Incompetent is to be filed in the county where the adult incompetent resides
- Copy of Driver’s License or Government issued picture ID of the applicant
- A statement identifying the source of each asset
- A photocopy of the adult incompetent’s birth certificate
- A Statement of Expert Evaluation supporting the allegation of incompetency
- Social Security Information form (confidential) as to the adult incompetent
- The base court cost deposit
- Complete the applicable Probate Forms.
The Court may appoint a guardian of the person only, estate only, or person and estate of an alleged incompetent when the Court finds that an adult is mentally incompetent and the situation is life-threatening or there is significant threat of a loss or damage of the individual’s personal property.
To appoint an emergency guardian for a minor, the minor must be facing an immediate medical emergency. The Court may consider the information submitted by Applicant regarding the emergency on an ex parte basis, without notice to the ward or the ward’s family. If the Court determines the information justifies the emergency action and also determines the applicant is suitable to serve, the appointment may be made. The emergency guardian serves for a short period of time to protect the ward against significant injury to the person and/or the estate, if appropriate.
If an emergency guardian is appointed through an ex parte hearing the appointment is valid for a maximum of 72 hours. At the ex parte hearing, the Court also will set a date and time within the 72 hours period for a further hearing to determine if the emergency guardianship should be extended for a maximum of an additional 30 days. Notice of this hearing will be personally served upon the ward and given to other interested parties.
Items necessary to file an Emergency Guardianship:
To appoint an emergency guardian for a minor, the minor must be facing an immediate medical emergency. The Court may consider the information submitted by Applicant regarding the emergency on an ex parte basis, without notice to the ward or the ward’s family. If the Court determines the information justifies the emergency action and also determines the applicant is suitable to serve, the appointment may be made. The emergency guardian serves for a short period of time to protect the ward against significant injury to the person and/or the estate, if appropriate.
If an emergency guardian is appointed through an ex parte hearing the appointment is valid for a maximum of 72 hours. At the ex parte hearing, the Court also will set a date and time within the 72 hours period for a further hearing to determine if the emergency guardianship should be extended for a maximum of an additional 30 days. Notice of this hearing will be personally served upon the ward and given to other interested parties.
Items necessary to file an Emergency Guardianship:
- The ward must be a Jackson County resident or the filings must include information regarding the home state or home county of the individual
- If the ward is a non-resident of Ohio, the filer must provide the identities, relationships and addresses for the persons who would be required to be notified if the case had been commenced in the home state
- Copy of Driver’s License or Government issued picture ID of the applicant
- It is necessary to apply for full guardianship within the initial 72 hours of being appointed emergency guardian
- If the applicant is applying to be an emergency guardian of the estate, the applicant must be bondable and a bond may be required before the appointment is made
- The base court cost deposit
- The Court will perform a record check of the proposed emergency guardian before making an appointment and
- Complete the Probate Forms listed below.
A guardianship is a legal relationship established by the Probate Court where an individual (referred to as “the guardian”) has the authority and duty to care for another’s person or property (referred to as “the ward”) due to the other person’s disability or incapacity.
RC 2111.01 (d) defines “Incompetents” as adults who are so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse that they are incapable of taking proper care of themselves, their property or their family. Persons who are confined to a penal institution within Ohio are also subject to having a guardian appointed for their assets.
Any interested person may apply to be guardian or an adult may nominate a guardian through a durable power of attorney. The Court will make the ultimate selection of guardian for the proposed ward.
The guardianship process for an Ohio resident is started by filing an application in the Probate Court of the county where the proposed ward resides. Unless certain conditions have been met, the proposed ward must have been a resident of Ohio for six months prior to the filing of the application. The applicant must agree to perform the responsibilities of the guardian and on occasion secure a bond. A Probate Court Investigator will visit the proposed ward and will provide the proposed ward with notice of the hearing and provide an independent assessment of the person alleged to need guardianship. Additionally, the applicant must obtain an evaluation by an appropriate expert, such as the proposed ward’s physician, and file a completed Statement of Expert Evaluation with the application. A hearing will be scheduled and a determination will be made regarding the necessity of the guardianship and the suitability of the guardian.
The person alleged to be in need of the guardianship has the right to be present at the hearing on the application for guardianship to show that a less restrictive alternative is available, to have a friend or family member join them at the hearing, to have an independent evaluation performed by a court appointed expert, and to be represented by an attorney.
There are three types of Guardianships of an Incompetent Adult:
As a condition of being appointed as a guardian, if not serving through Adult & Protective Services, Inc. or the COAAA Volunteer Guardian Program, the guardian will be required to attend a free guardian training program (a) taught by Court personnel, or (b) through the Supreme Court of Ohio training for adult guardians.
Items necessary to file a Guardianship for an Incompetent:
By court order, a guardianship for an incompetent may be terminated upon the Court determining that a guardianship is no longer necessary because the ward has been restored to competency, upon finding a less restrictive alternative, or upon the death of the ward. A ward may file a motion to evaluate the continued necessity of the guardianship 120 days after the appointment of the guardian and once a year thereafter. If the ward moves to another county in Ohio or to another State, the guardianship, in most cases, may be transferred to the probate court in that location.
Resident Guardians for Non-Resident Wards:
When a minor, an incompetent, or a person confined in a penal institution is a non-resident of Ohio, but has real and personal property in Jackson County Ohio, the Probate Court may appoint a resident guardian to manage, collect, lease and take care of all of the individual’s Ohio property. The appointment may be made even if there is a foreign guardian, trustee or conservator in the state of residence of the ward and the appointed resident guardian for the non-resident ward shall have superior control of all of the Ward’s property located in Ohio. The resident guardian for a non-resident ward is subject to the same laws as a guardian of the estate of a resident.
Assets may be paid over to the guardian as necessary to provide for the welfare and maintenance for the non-resident.
A foreign guardian may apply to the Probate Court for a directive that the Ohio assets held by resident guardian be transferred to the foreign guardian after at least 30 days notice and a hearing. The Court will the best interests of the non-resident ward or his estate when making the decision on the transfer request.
If the non-resident incompetent ward becomes an Ohio resident and an Ohio general guardian is appointed for the ward, the previous resident guardianship for the former non-resident shall end and the funds will be paid to the new Ohio general guardian.
RC 2111.01 (d) defines “Incompetents” as adults who are so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse that they are incapable of taking proper care of themselves, their property or their family. Persons who are confined to a penal institution within Ohio are also subject to having a guardian appointed for their assets.
Any interested person may apply to be guardian or an adult may nominate a guardian through a durable power of attorney. The Court will make the ultimate selection of guardian for the proposed ward.
The guardianship process for an Ohio resident is started by filing an application in the Probate Court of the county where the proposed ward resides. Unless certain conditions have been met, the proposed ward must have been a resident of Ohio for six months prior to the filing of the application. The applicant must agree to perform the responsibilities of the guardian and on occasion secure a bond. A Probate Court Investigator will visit the proposed ward and will provide the proposed ward with notice of the hearing and provide an independent assessment of the person alleged to need guardianship. Additionally, the applicant must obtain an evaluation by an appropriate expert, such as the proposed ward’s physician, and file a completed Statement of Expert Evaluation with the application. A hearing will be scheduled and a determination will be made regarding the necessity of the guardianship and the suitability of the guardian.
The person alleged to be in need of the guardianship has the right to be present at the hearing on the application for guardianship to show that a less restrictive alternative is available, to have a friend or family member join them at the hearing, to have an independent evaluation performed by a court appointed expert, and to be represented by an attorney.
There are three types of Guardianships of an Incompetent Adult:
- Guardianship of the Person—This is typically granted when the individual needs assistance meeting their personal needs.
- Guardianship of the Estate—This is typically granted when the individual only needs assistance managing their assets.
- Guardianship of the Person & the Estate—This is typically granted when the individual needs assistance with their personal needs as well as their assets.
As a condition of being appointed as a guardian, if not serving through Adult & Protective Services, Inc. or the COAAA Volunteer Guardian Program, the guardian will be required to attend a free guardian training program (a) taught by Court personnel, or (b) through the Supreme Court of Ohio training for adult guardians.
Items necessary to file a Guardianship for an Incompetent:
- Application for guardianship is filed in the county where the proposed ward resides
- Copy of Driver’s License or Government issued picture ID of the applicant
- A certified copy of the proposed ward’s birth certificate
- The base court cost deposit.
- Complete the applicable Probate Forms.
By court order, a guardianship for an incompetent may be terminated upon the Court determining that a guardianship is no longer necessary because the ward has been restored to competency, upon finding a less restrictive alternative, or upon the death of the ward. A ward may file a motion to evaluate the continued necessity of the guardianship 120 days after the appointment of the guardian and once a year thereafter. If the ward moves to another county in Ohio or to another State, the guardianship, in most cases, may be transferred to the probate court in that location.
Resident Guardians for Non-Resident Wards:
When a minor, an incompetent, or a person confined in a penal institution is a non-resident of Ohio, but has real and personal property in Jackson County Ohio, the Probate Court may appoint a resident guardian to manage, collect, lease and take care of all of the individual’s Ohio property. The appointment may be made even if there is a foreign guardian, trustee or conservator in the state of residence of the ward and the appointed resident guardian for the non-resident ward shall have superior control of all of the Ward’s property located in Ohio. The resident guardian for a non-resident ward is subject to the same laws as a guardian of the estate of a resident.
Assets may be paid over to the guardian as necessary to provide for the welfare and maintenance for the non-resident.
A foreign guardian may apply to the Probate Court for a directive that the Ohio assets held by resident guardian be transferred to the foreign guardian after at least 30 days notice and a hearing. The Court will the best interests of the non-resident ward or his estate when making the decision on the transfer request.
If the non-resident incompetent ward becomes an Ohio resident and an Ohio general guardian is appointed for the ward, the previous resident guardianship for the former non-resident shall end and the funds will be paid to the new Ohio general guardian.
A guardianship of a minor is a legal relationship where an individual is given the authority and the duty to care for the minor’s person and/or property.
RC 2111.12 governs guardianships for any person less than eighteen (18) years of age who has neither a father nor a mother, whose parents are unsuitable to have custody of such minor, or whose interests will be promoted by a guardianship. Alternatively, a guardianship is granted to assure that the needs of the ward are met. The person who is a minor and is receiving guardianship services is referred to as the “ward.” The person who is appointed by the court to be responsible for the minor ward’s person and/or property is called the “guardian."
There are three types of Guardianships for a Minor:
By statute, the Probate Court is always the superior guardian of a minor ward, and all guardians must obey all orders of the Court. The Court exercises the supervisory authority through required financial accountings, reports, citations, investigations, Court Visitors activities, and removal proceedings. At any time, the Court may request that the court investigator or a Court Visitor perform a follow-up investigation and file a report with the Court.
As a condition of being appointed as a guardian, an applicant who is not an attorney, will be required by the Court to attend a free guardian training program presented at designated intervals by Court personnel.
The signing and filing of the Affidavit (Form 16.1) is a jurisdictional pre-requisite in every minor’s guardianship. It must be completed fully and accurately and list the prior addresses and all prior court proceedings involving the minor. If there have been any prior case filings in any court involving the minor’s custody or visitation, those proceedings must be described and a certified copy of the Order or Entry, in that case, must be provided to the Court with the initial filings. If the tendered Order or Entry is written in a foreign language, the Applicant should provide a certified translation. If a case is opened and the Court thereafter determines the filed Affidavit is untrue or that the Court otherwise lacks jurisdiction to proceed, the initial cost deposit will not be refunded.
The Court has no jurisdiction to accept a guardianship case for a minor until the child has lived in Ohio for at least 6 consecutive months immediately prior to the filing, unless the minor faces a medical emergency, has been abandoned (no contact or visits with a parent for at least 90 days), or the minor’s “home state” declines its jurisdiction in writing. In applicable cases, the proof of the exception to the 6-month residency requirement must be provided with the initial case filing.
Items necessary to file a Guardianship for a Minor:
A guardianship for a minor terminates upon the minor becoming eighteen (18) years of age, upon an earlier death, or a finding that the minor’s interest is no longer promoted by a guardianship. If the value of the minor’s estate is less than $25,000, the guardian may apply for termination of the guardianship and an approval of an approved alternative statutory means of handling the money. If the ward moves to another county in Ohio the guardianship may be transferred to the probate court in that location. If the ward moves to another state, the approval of this Court is required, and with the consent of the new state, the guardianship may be transferred to, re-filed in, that state.
Resident Guardians for Non-Resident Wards
When a minor is a non-resident of Ohio having a real or personal property in Jackson County, Ohio, the Probate Court may appoint a resident guardian to manage, collect, lease and take care of all of the minor’s Ohio property. The appointment may be made even if there is a guardian or trustee in the home state of the ward. The appointed Ohio resident guardian shall have superior control of all of the minor’s property located in Ohio. The Ohio resident guardian for a non-resident minor is subject to the same laws as a guardian of the estate of a resident minor. A foreign non-resident guardian may apply to the Probate Court for a directive that the Ohio assets be paid over to the foreign non-resident guardian after a hearing and 30 days notice. The Court will determine what is in the best interests of the non-resident minor. If the non-resident incompetent minor becomes an Ohio resident and an Ohio general guardian is appointed, then the previous non-resident guardianship shall end and the funds will be paid to the new Ohio general guardian.
RC 2111.12 governs guardianships for any person less than eighteen (18) years of age who has neither a father nor a mother, whose parents are unsuitable to have custody of such minor, or whose interests will be promoted by a guardianship. Alternatively, a guardianship is granted to assure that the needs of the ward are met. The person who is a minor and is receiving guardianship services is referred to as the “ward.” The person who is appointed by the court to be responsible for the minor ward’s person and/or property is called the “guardian."
There are three types of Guardianships for a Minor:
- Guardianship of the Minor’s Person- This is typically granted when the ward’s parents are unable or unwilling to provide care and guidance for the ward, or when the minor’s interest will be otherwise promoted through a guardianship.
- Guardianship of the Minor’s Estate – This is typically granted when the ward has obtained more than $25,000 in property and by law, legally authorized assistance with financial administration is required.
- Guardianship of the Minor’s Person and Estate- This is typically granted when joint control of the ward and their assets become necessary.
By statute, the Probate Court is always the superior guardian of a minor ward, and all guardians must obey all orders of the Court. The Court exercises the supervisory authority through required financial accountings, reports, citations, investigations, Court Visitors activities, and removal proceedings. At any time, the Court may request that the court investigator or a Court Visitor perform a follow-up investigation and file a report with the Court.
As a condition of being appointed as a guardian, an applicant who is not an attorney, will be required by the Court to attend a free guardian training program presented at designated intervals by Court personnel.
The signing and filing of the Affidavit (Form 16.1) is a jurisdictional pre-requisite in every minor’s guardianship. It must be completed fully and accurately and list the prior addresses and all prior court proceedings involving the minor. If there have been any prior case filings in any court involving the minor’s custody or visitation, those proceedings must be described and a certified copy of the Order or Entry, in that case, must be provided to the Court with the initial filings. If the tendered Order or Entry is written in a foreign language, the Applicant should provide a certified translation. If a case is opened and the Court thereafter determines the filed Affidavit is untrue or that the Court otherwise lacks jurisdiction to proceed, the initial cost deposit will not be refunded.
The Court has no jurisdiction to accept a guardianship case for a minor until the child has lived in Ohio for at least 6 consecutive months immediately prior to the filing, unless the minor faces a medical emergency, has been abandoned (no contact or visits with a parent for at least 90 days), or the minor’s “home state” declines its jurisdiction in writing. In applicable cases, the proof of the exception to the 6-month residency requirement must be provided with the initial case filing.
Items necessary to file a Guardianship for a Minor:
- Application for guardianship is filed in the county where the proposed ward resides
- Copy of Driver’s License or Government issued picture ID of the applicant
- A certified copy of the minor’s birth certificate
- A base court cost
- Complete the applicable Probate Forms.
A guardianship for a minor terminates upon the minor becoming eighteen (18) years of age, upon an earlier death, or a finding that the minor’s interest is no longer promoted by a guardianship. If the value of the minor’s estate is less than $25,000, the guardian may apply for termination of the guardianship and an approval of an approved alternative statutory means of handling the money. If the ward moves to another county in Ohio the guardianship may be transferred to the probate court in that location. If the ward moves to another state, the approval of this Court is required, and with the consent of the new state, the guardianship may be transferred to, re-filed in, that state.
Resident Guardians for Non-Resident Wards
When a minor is a non-resident of Ohio having a real or personal property in Jackson County, Ohio, the Probate Court may appoint a resident guardian to manage, collect, lease and take care of all of the minor’s Ohio property. The appointment may be made even if there is a guardian or trustee in the home state of the ward. The appointed Ohio resident guardian shall have superior control of all of the minor’s property located in Ohio. The Ohio resident guardian for a non-resident minor is subject to the same laws as a guardian of the estate of a resident minor. A foreign non-resident guardian may apply to the Probate Court for a directive that the Ohio assets be paid over to the foreign non-resident guardian after a hearing and 30 days notice. The Court will determine what is in the best interests of the non-resident minor. If the non-resident incompetent minor becomes an Ohio resident and an Ohio general guardian is appointed, then the previous non-resident guardianship shall end and the funds will be paid to the new Ohio general guardian.
Deposit of a Power of Attorney or a Nomination of Guardian for a Minor or Incompetent Adult Child.
RC 1337.38 authorizes the Court to accept for safekeeping deposit a power of attorney that contains a nomination of a guardian for a minor child, or an adult incompetent child, of the principal.
RC 2111.121 authorizes the Court to accept for safekeeping deposit an instrument (not a power of attorney), that (A) is signed by the maker in the presence of two witnesses who sign with an attestation immediately before their signatures, or is acknowledged and signed in the presence of a notary public, and (B) contains a nomination of a guardian for a minor child, or an adult incompetent child, of the maker.
The acceptance of either instrument by the Court for filing does not constitute a determination of the validity or the effectiveness of the instrument. Either instrument is considered to be a case document open for public access under Ohio Superintendence Rule 45.
The Court does not draft either the power of attorney or the nomination instrument. The Court does not provide forms for either purpose.
A depositor should complete the applicable form below and tender it to the Court with the signed original instrument containing the nomination and with the $15.00 safekeeping costs deposit.
RC 1337.38 authorizes the Court to accept for safekeeping deposit a power of attorney that contains a nomination of a guardian for a minor child, or an adult incompetent child, of the principal.
RC 2111.121 authorizes the Court to accept for safekeeping deposit an instrument (not a power of attorney), that (A) is signed by the maker in the presence of two witnesses who sign with an attestation immediately before their signatures, or is acknowledged and signed in the presence of a notary public, and (B) contains a nomination of a guardian for a minor child, or an adult incompetent child, of the maker.
The acceptance of either instrument by the Court for filing does not constitute a determination of the validity or the effectiveness of the instrument. Either instrument is considered to be a case document open for public access under Ohio Superintendence Rule 45.
The Court does not draft either the power of attorney or the nomination instrument. The Court does not provide forms for either purpose.
A depositor should complete the applicable form below and tender it to the Court with the signed original instrument containing the nomination and with the $15.00 safekeeping costs deposit.
(Elder Abuse) RC 5101.60 et seq. Adult Protective Services (APS) has the responsibility of investigating reports of suspected abuse, neglect, or exploitation of “persons” who are aged 60 and older living in an independent living arrangement in the county or who were abused within the county. If the investigative report determines that the person is in need of protective services and is incapacitated, the department may petition the Probate Court for an Order authorizing the provision of protective services. The Petition shall state the specific facts alleging the abuse, neglect, or exploitation and shall include a proposed protective service plan.
The RC defines “abuse” as infliction upon an adult person by self or other of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm, pain, or mental anguish. It might include physical abuse, emotional abuse or sexual abuse. “Neglect” is defined as the failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caretaker to provide such goods or services. “Exploitation” means the unlawful or improper act of a caretaker using an adult or an adult’s resources for their monetary or personal benefit, profit or gain.
The following categories of professionals are known as “mandatory reporters”. When a mandatory reporter has reasonable cause to believe a protected adult is being abused, neglected or exploited or is in a condition which is a result of such treatment, then the reporter is required to immediately report suspected abuse to the county DJFS:
When reporting information, one should provide the adult’s name and approximate age, the name of the adult caregiver, the nature of the suspected abuse, neglect or exploitation and the basis for the belief that it has occurred.
The APS must investigate emergency reports within 24 hours and all other reports within three working days. The Investigator must meet face to face with the allegedly abused adult and prepare a written report. Neither the initial report nor the investigative report are public records, although the information within the report shall, upon request, be provided to the adult, the adult’s counsel and to agencies authorized by DJFS to receive it.
APS arranged services may include, if available, voluntary acceptance of caseworker services and home-related services and involuntary referral for guardianship services. The APS can also petition the Probate Court for a temporary restraining order to prevent interference with the investigation, can petition the Court to approve a service plan for providing involuntary services and after a hearing and a showing by clear and convincing evidence, obtain an Order requiring protective services for six (6) months, renewable for up to one (1) year.
If you have any questions regarding Adult Protective Services or elder abuse, neglect, or exploitation, please contact the APS worker at (740) 833-2340.
Ohio criminal law (RC 2903.16) establishes criminal penalties for a caretaker’s knowing or reckless failure to provide for a functionally impaired person under the caretaker’s care when verifying levels of physical harm that has occurred as a result. Violations should be immediately reported to the applicable law enforcement agency.
The RC defines “abuse” as infliction upon an adult person by self or other of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm, pain, or mental anguish. It might include physical abuse, emotional abuse or sexual abuse. “Neglect” is defined as the failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caretaker to provide such goods or services. “Exploitation” means the unlawful or improper act of a caretaker using an adult or an adult’s resources for their monetary or personal benefit, profit or gain.
The following categories of professionals are known as “mandatory reporters”. When a mandatory reporter has reasonable cause to believe a protected adult is being abused, neglected or exploited or is in a condition which is a result of such treatment, then the reporter is required to immediately report suspected abuse to the county DJFS:
- any attorney, physician, osteopath, podiatrist, chiropractor, dentist, psychologist, or pharmacist
- any employee of a hospital, any nurse, any employees of an ambulatory health facility, any employee of a home health agency, and adult care facility, a community alternative home, a nursing home, a residential care facility or home for the aging, or senior service provider
- any peace officer, firefighter, first responder, EMT, ambulance driver, coroner, or member of the clergy
- any employee of a community mental health facility, or agent of a county humane facility
- any person in social work or counseling, or building inspector
- any CPA, real estate broker or salesperson, investment adviser, accredited financial planner, or notary public
- others specified in RC 5101.63.
When reporting information, one should provide the adult’s name and approximate age, the name of the adult caregiver, the nature of the suspected abuse, neglect or exploitation and the basis for the belief that it has occurred.
The APS must investigate emergency reports within 24 hours and all other reports within three working days. The Investigator must meet face to face with the allegedly abused adult and prepare a written report. Neither the initial report nor the investigative report are public records, although the information within the report shall, upon request, be provided to the adult, the adult’s counsel and to agencies authorized by DJFS to receive it.
APS arranged services may include, if available, voluntary acceptance of caseworker services and home-related services and involuntary referral for guardianship services. The APS can also petition the Probate Court for a temporary restraining order to prevent interference with the investigation, can petition the Court to approve a service plan for providing involuntary services and after a hearing and a showing by clear and convincing evidence, obtain an Order requiring protective services for six (6) months, renewable for up to one (1) year.
If you have any questions regarding Adult Protective Services or elder abuse, neglect, or exploitation, please contact the APS worker at (740) 833-2340.
Ohio criminal law (RC 2903.16) establishes criminal penalties for a caretaker’s knowing or reckless failure to provide for a functionally impaired person under the caretaker’s care when verifying levels of physical harm that has occurred as a result. Violations should be immediately reported to the applicable law enforcement agency.