A former Ohio Supreme Court chief justice says legislative action likely is needed to change a system that is failing to protect some of Ohio’s most vulnerable residents.
“The guardianship system must be repaired,” said Eric Brown, who is also a former Franklin County Probate Court judge. “In large counties with thousands of guardianships, such as Franklin, I’m not sure that the guardianship system can be fully and properly repaired through (judicial) rule-making authority alone.”
Some legislators agreed after reading the Dispatch series “Unguarded,” which reported last month that more than 65,000 Ohioans in guardianships are vulnerable to abuse and neglect because of a lack of state standards.
Unscrupulous lawyers are billing legal rates for non-legal work, for example. One filed a $300 bill for having cookies with a person in her care. Another billed people with dementia about $500 to $600 to buy them a token Christmas present and for time spent wrapping and delivering those presents.
Money-hungry relatives have lied on court documents about the condition of their children, parents or grandparents and have stolen from them, made easier because probate courts don’t check paperwork.
A guardianship is established by order of a probate court judge. A person appointed by the judge takes control of decision-making for the person declared incompetent, also known as a ward. A guardian can request the relationship without ever meeting the ward or speaking with family members.
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Ex-justice: Guardians need rules