Youngstown Daily Legal News

Proposed legislation would create ward's bill of rights

TIFFANY L. PARKS
Special to the Legal News
Published: October 16, 2014

Sen. Shannon Jones has introduced a bill into the Ohio General Assembly designed to address the state’s lack of guidelines or written policies for appointed guardians.

“The guardianship system’s intent is to protect Ohio’s most vulnerable citizens,” said Jones, R-Springboro.

“Guardians are charged with the responsibility of ensuring the health and financial well-being of the elderly, mentally disabled and children. However, in recent months there have been widespread allegations of financial and other abuses in this system that is responsible for the care of 65,000 Ohioans.”

Jones said Senate Bill 365 was crafted to provide guidance for guardians and added protections to individuals subject to a guardianship.

The proposed legislation would require guardians, upon appointment, to sign a court document acknowledging receipt of a best practices handbook and a copy of the ward’s bill of rights.

Jones said the handbook and the bill of rights were created in conjunction with the Ohio Attorney General.

The 19-point bill of rights states that wards are entitled to certain rights that guardians could not change and would continue to have after a guardianship is established.

The listing includes the right to be treated with dignity and respect and the right to privacy, including the right to privacy of the body and the right to private, uncensored communication with others by mail, telephone or personal visits.

Wards also would have the right to exercise control over all aspects of life that the court has not delegated to the guardian, the right to appropriate services suited to the ward’s needs and conditions, including mental health services and the right to have the guardian consider the ward’s personal desires, preferences and opinions.

The measure goes on to state wards have the right to safe, sanitary and humane living conditions within the least restrictive environment that meets the ward’s needs, the right to marry, if legally able, the right to procreate, or to consent or object to sterilization and the right to equal treatment under the law, regardless of race, religion, creed, sex, age, marital status, sexual orientation or political affiliation.

In addition, the bill includes the right to have explanations of any medical procedures or treatment, the right to have personal information kept confidential, the right to review personal records, including medical, financial and treatment records and the right to speak privately with an attorney, ombudsman or other advocate.

Wards would have the right to an attorney and independent expert evaluator, and to have such professionals paid by the court if the ward is indigent.

The measure also states that wards would have the right to petition the court to modify or terminate the guardianship and the right to bring a grievance against the guardian, request that the court review the guardian’s actions, request removal and replacement of the guardian or request that the court restore the ward’s rights if it can be shown that the ward has regained the capacity to make some or all decisions.

Lastly, the proposal specifies that wards have the right to request a hearing to review the continued need for the guardianship at least once a year, the right to drive, if legally able and the right to vote, if legally able.

A companion proposal to SB 365, House Bill 624, has been filed into the General Assembly by Rep. Dorothy Pelanda, R-Marysville.

“It is our shared hope that this legislation will be the first step to ensure that Ohioans subject to a guardianship are continually treated with respect,” Jones said.

The proposed legislation states that if the attorney general has prepared an Ohio guardianship guide that includes the bill of rights of a ward, the clerk of the probate court shall furnish that guide to a guardian when he or she is appointed or, if the guardian was previously appointed, upon the first filing of the guardian’s account or report.

Under the bill, the probate court would have to establish a form for a guardian to sign acknowledging that the guardian received the Ohio guardianship guide and the ward’s bill of rights.

SB 365 is co-sponsored by Sens. Peggy Lehner, R-Kettering, and Bill Seitz, R-Cincinnati.

The bill is awaiting a committee assignment.

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