COLUMBUS, Ohio – Ohio lawmakers are hoping to modernize the state’s guardianship laws with new legislation that aimed at clarifying confusing provisions and strengthen protections for vulnerable adults who need others to make decisions on their behalf.
House Bill 491, bipartisan legislation sponsored Republican Rep. Sharon Ray of Wadsworth and Democratic Rep. Rachel Baker of Cincinnati, would update Ohio’s guardianship laws, which involve transferring decision-making authorities over personal, medical and financial matters from an individual to a court appointed guardian.
Sponsors told the House Judiciary Committee this week that the state’s current guardianship framework, developed over decades, now includes outdated language, duplicate provisions and inconsistencies that confuse families, guardians and courts.
“The laws governing this process must be clear, modern and protective of individual rights,” said Ray.
Defining guardian types
One of the updates to current law in the bill would include defining the different types of guardians and clarifying their roles – including limited guardians, standby guardians, interim guardians, emergency guardians and successor guardians.
“Defining these and other terms is critical to the guardianship law as it defines the roles guardians play,” Ray explained.
One such update to the interim guardianship role, or someone who is appointed when an existing guardian leaves that post, includes allowing appointments to be extended for up to two consecutive 30-day periods, compared to current law that allows one additional 30-day extension after an initial 15-day period.
Increased oversight
Sponsors say the bill would add protections for people who can’t manage their own money. Right now, guardians can stop overseeing someone’s finances once their assets drop below $25,000.
The new law would require guardians to show the court proof of where money was deposited and get permission before spending it. This would make it harder for those under guardianship to be taken advantage of financially.
Emergency Medicaid representatives
Baker explained that new language in the bill allows courts to appoint emergency Medicaid representatives.
The provision would allow for an emergency court order for a person in need of assistance who does not currently have a guardian or durable power of attorney, to be appointed as a representative for the limited purpose of applying for Medicaid. Representatives would be required to notify the court within 30 days of submitting a Medicaid application.
Changes to the application process
The legislation would expand the list of professionals who can determine whether someone needs a guardian to include physicians, clinical psychologists, independent social workers, professional clinical counselors, clinical nurse specialists, nurse practitioners, and physician assistants.
Ray said this would speed up the court process, especially in rural areas with limited medical specialists.
Rep. Brian Stewart, a Pickaway County Republican, questioned including social workers given their lack of medical training.
Baker, who has a nursing background, said social workers in mental health would be appropriate evaluators for mental health-related guardianships, adding that future proponent testimony may clarify their inclusion.
The bill would also modify guardianship applications to require contact information for potential guardians and information about proposed wards’ military service.
What’s next
The bill will have more hearings before it could be sent to the full House for a vote. Similar legislation has been introduced in previous general assemblies but failed to gain traction. However, considering Ohio’s steadily aging population, it’s important to address this now, Ray said.
“This is definitely an area that is probably ripe for taking another look,” Stewart said.