Rule 66.05 - Responsibilities of Court Establishing Guardianships(A) General responsibilities The probate division of a court of common pleas that establishes a guardianship shall do all of the following:
(1) Conduct, or cause to be conducted, a criminal background check of all applicants for appointment as guardian. If the applicant as a guardian is a licensed Ohio attorney, the court may accept a certificate of good standing with disciplinary information issued by the Supreme Court in place of a criminal background check.(2) Require each guardian appointed by the court to execute an affidavit affirming the applicant has no pending misdemeanor or felony charges, has not been convicted of or pleaded guilty to any misdemeanor or felony offense, and shall notify the court within seventy-two hours of any change in the information in the affidavit.(3) Determine what weight to give to the any pending charges or convictions of misdemeanor or felony offenses as disclosed in the criminal background check or the affidavit.(4) Require each guardian appointed by the court to submit to the court information documenting compliance with the guardian qualifications pursuant to Sup.R. 66.06 or 66.07, as applicable;(5) Direct the court investigator to inquire into the visitation history and preferences of the prospective ward during the service of notice and initial guardianship investigation pursuant to R.C. 2111.041 or at any other time that the court directs. The court investigator shall make a written report of the visitation recommendation to the court.(B) Responsibilities regarding guardians with ten or more wards The probate division of a court of common pleas shall do all of the following with respect to guardians with ten or more wards under the guardian's care:
(1) Maintain a roster, including the name, address, telephone number, and electronic mail address, of the guardians. The court shall require the guardians to notify the court of any changes to this information; (2) Require the guardians to include in the guardian's report a certification stating that the guardian is unaware of any circumstances that may disqualify the guardian from serving as a guardian;(3) Require the guardians to submit to the court an annual fee schedule that differentiates guardianship services fees, as established pursuant to local rule, from legal or other direct services; (4) On or before March 1st of each year, review the roster of guardians to determine if the guardians are in compliance with the education requirements of Sup.R. 66.06 or 66.07, as applicable, and that the guardians are otherwise qualified to serve. FORM 66.05: AFFIDAVIT OF ATTORNEY GUARDIAN APPLICANT.
Ohio. R. Superi. Ct. 66.05
Adopted March 10, 2015, effective 6/1/2015; amended April 13, 2021, effective 6/1/2021; amended January 25, 2022, effective 7/1/2022.