- Orders, rules and laws.
The guardian shall obey all orders of this Court and shall perform all guardianship duties in accordance with the state and federal laws and rules and this Court’s local rules as all of them may be effective during the guardianship.
- Pre-Appointment meeting.
The person seeking to be appointed as the guardian is expected to have met with the proposed ward at least once prior to appearing before the Court for the hearing on the application, unless the Court has waived the pre-appointment meeting for good cause.
- Reporting abuse neglect or exploitation.
If the guardian becomes aware of allegations of abuse, neglect or exploitation of the ward, the guardian shall immediately report the same to the appropriate law enforcement authorities, Adult Protective Services, and the Court.
- Limitation or termination of guardianship.
A guardian shall seek to limit or terminate the guardianship authority and promptly notify this Court if any of the following occurs:
- (1) A ward’s ability to make decisions and function independently has improved;
- (2) Less restrictive alternatives are available;
- (3) A guardianship is no longer in the best interest of a ward;
- (4) A ward has died; or
- (5) A minor attains the age of majority.
A termination of a guardianship shall require notice to all persons designated in R.C. 2111.04 and to any other individuals who received actual notice of the original appointment of the guardian. It is the responsibility of the applicant for termination to perfect service pursuant to Civ.R. 73 when a termination is requested. A Certificate of Service with supporting documentation satisfactory to the Court must be filed prior to the consideration of the application for termination.
- Change of residence.
A guardian appointed by this Court shall inform the Court as to any change of address for either the guardian or the ward. This notification must be made ten (10) days prior to the proposed address change. The Notice of Change of Address (Form 200.20) may be used for that purpose, but it is not required. If the ward's residence is changed, the reason for the change should be indicated. Failure to notify the Court, under this rule, may result in the guardian’s removal and/or the reduction or denial of the guardian's compensation.
The guardian shall not move the ward from Clermont County, Ohio or into a more restrictive setting without prior Court approval, unless a delay in obtaining authorization for the change of residence or setting would affect the health and safety of the ward.
- Court approval of legal services and proceedings. The guardian of an indigent ward shall not contract for the payment of legal services without the prior approval of this Court. While a guardian is generally required to seek prior approval of this Court before filing a suit for the ward, prior approval shall not be required when the suit is filed in this Court.
- Annual plan. Annually, the guardian of the person of an adult incompetent shall file the Guardian’s Report (Form 17.7). Unless otherwise ordered by the Court each Guardian’s Report for an incompetent shall be accompanied by a Statement of Expert Evaluation (Form 17.1). If a physician or clinical psychologist states as an Additional Comment on a Statement of Expert Evaluation, that it is their opinion that to a reasonable degree of medical or psychological certainty that the ward's mental capacity will not improve, the Court may dispense with the filing of subsequent Statements of Expert Evaluation with the Guardian’s Report.
Pursuant to Sup.R. 66.08(G) the guardian of the person for an adult shall include with the annual Guardian’s Report an addendum stating the guardian's goals and plans for meeting the personal needs of the ward. The Court may request that the guardian of the estate of an adult incompetent submit a report identifying the guardian's goals and plans for financially meeting the ward's needs.
- Ward’s principal income. A guardian shall inform this Court and apply to terminate the guardianship of the estate if the principal income of the ward is from governmental entities, a payee for that income is identified, and no other significant assets or income exist.
- Conflict of interest. The guardian shall avoid actual or perceived conflicts of interest with the ward and endeavor to avoid the appearance of impropriety (perceived self-serving, self-dealing or perceived actions adverse to best interests decisions) when dealing with the ward's assets and needs. A potential conflict for the guardian may arise if the guardian's immediate family (parent, spouse, or child) is employed or contracted by the guardian. The guardian shall disclose all conflicts to the Court in a clear and unequivocal manner. Doing so, facilitates a determination whether the conflict can be mitigated or eliminated through the use of a guardian ad litem, a limitation of the powers of the guardian, or other actions. The Court may determine that waiver of the conflict is in the best interest of the ward.
- Identification of legal documents. Within three months of appointment, the guardian of the person and/or the guardian of the estate shall file a list of all of the ward's known important legal papers, including but not limited to estate planning documents, advance directives, powers of attorney and the location of such papers. If it becomes known to the guardian that such information has changed or the existence of other important legal papers becomes known, the guardian shall report
that new information to the Court in writing within thirty days of discovery. The Guardian has a continuing duty of disclosure throughout the guardian’s service.