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Community approach to guardianship grows statewide
CSABA SUKOSD
Supreme Court
Public Information Office
Published: January 14, 2022
What started as an effort by one judge and one local court to help some of the most vulnerable people in its jurisdiction has evolved into a growing Ohio initiative.
Seven years after Franklin County Probate Court – with the assistance of community partners – created a program to address concerns about citizens unable to take care of or make decisions for themselves, the idea has expanded to other counties.
“Having a fresh, new idea and seeing it put into place, it’s why you get into public service,” said former probate Judge Robert Montgomery, who used his pilot project to craft a state law for other courts to use as a model.
Franklin County – followed by Fairfield, Union, Lucas, Allen, and Delaware counties – have created guardianship service boards. These entities are comprised of partnerships among local courts; county commissioners; alcohol, drug, and mental health (ADAMH) boards; boards for the developmentally disabled; healthcare providers; and social service organizations.
The idea was to create a centralized operation among all stakeholders involved in these types of cases, transitioning from an attorney-based system to a social services format.
Instead of a lawyer individually handling all legal and personal affairs for a client – known as wards – the board acts collectively to address issues.
Boards consist of multiple factions allowing each component to serve to their strengths while assisting individuals in one streamlined way.
An operations side focuses on funding and fiscal responsibilities while treatment teams handle the physical, mental, and emotional well-being of wards. Legal representatives manage court-related concerns.
Boards enable a larger network to identify people who can benefit from the services and incorporate them earlier into a holistic program.
Rather than having a probate court determining who is a ward, any person within the board can recognize someone in need of help and nominate the at-risk person to the program.
“We had a little bit of discomfort with our old model. It had its limitations,” said Fairfield County Juvenile and Probate Magistrate Troy Sitzmann about the need for the guardianship service board, which he helped start two years ago.
Shortly after taking the bench in 2014, Judge Montgomery was informed about the issues surrounding those with substantial mental health impairments and the developmentally disabled.
Under the law at that time, unless there was a relative or loved one capable of representing people who local courts deem incompetent, these wards would be appointed an attorney.
Fewer and fewer lawyers were willing or able to bear the responsibility, leading to the remaining practitioners caring for hundreds of wards.
On top of legal matters, court-appointed attorneys also were responsible for their clients’ daily life decisions – such as residential and health care matters – akin to what a social worker does.
“You don't necessarily go to law school to learn how to take care of or support people,” said Allen County Probate Judge Todd Kohlrieser.
Knowing the system needed changes, Judge Montgomery began drafting revisions to the statutes with the assistance of the Ohio Legislative Service Commission. The changes to establish guardianship service boards were enacted in 2019.
The idea was to give probate courts parameters to follow as part of a standardized process in creating a county or multicounty guardianship services fund.
Some of the specifications list how the programs are subsidized and what boards can finance – staff, equipment, training. Other details describe who can represent a board, including appointed representatives from the probate court as well as local ADAMH and boards for the developmentally disabled.
The expansion in guardianship programs pairs with the improved care that has resulted for the people they serve.
Fairfield County, which handles more than 100 guardianship cases at a given time, has tripled the contact hours provided to its wards since the inception of its board.
Sitzmann said the increase in time is surpassed by the “quality of time” that can now be devoted to their clients
Recently, Judge Montgomery’s modernization of this aspect of the justice system resulted in recognition beyond Ohio’s borders. At last month’s National College of Probate Judges winter conference, Montgomery was given the organization’s annual award, which honors a judge’s efforts to innovate guardianship laws.
“To me, the biggest reward is providing justice for those who have trouble attaining it,” he said. “These service boards will benefit wards and their families for many years to come.”