Big Change in Ohio: Legal Guardians Do Not Need Court Permission to Be DSPs
- End Ohio's Parent Penalty
- Sep 18
- 2 min read
The Supreme Court of Ohio has recently made a big change that will affect many families across our state. As of July 10, 2025, legal guardians are now allowed to also serve as direct care workers for their wards without permission from the probate court.
What the New Rule Says
Here’s the new setup under Supreme Court Rule 66.09:
Family guardians (parents, siblings, and basically anyone related by blood or marriage): You can now provide direct care services to your loved one without asking the probate court for permission. You don’t even need to notify the probate court anymore.
Non-family guardians (friends, neighbors, others who are guardians): You are also allowed to provide direct care services. The only requirement is that you must notify the probate court. No permission needed, just a simple notice.
All guardians: Anyone who provides paid care must follow the same training, licensing, and rules as other paid caregivers, of course.
Why This Matters
This is a big step forward for people with many developmental disabilities and their families in Ohio. It removes a barrier that often kept the people who know the ward best—their legal guardians—from being able to step in and provide care.
When Does It Start?
The new rules were approved by the Supreme Court of Ohio on June 26, 2025, and they took effect on July 10, 2025.
The bottom line:
Family guardians can be caregivers without court approval or notice.
Non-family guardians can be caregivers, but they must notify the probate court.
This is a huge win for adults who require legal guardianship and for their family caregivers. THANK YOU to everyone who submitted public comments on this issue, and a special THANK YOU to the family caregiver who brought this comment opportunity to our attention so our coalition could participate! We are an all-volunteer group, so we are grateful when everyone pitches in with ideas and action items!