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Send Comments About Guardianship - Deadline 11/18/24

Writer's picture: End Ohio's Parent PenaltyEnd Ohio's Parent Penalty

We’re hearing reports that the state is becoming more restrictive about allowing legal guardians of adults to provide essential waiver services, such as Ohio Shared Living and Homemaker Personal Care. This could significantly impact individuals who rely on these services.


Currently, there is a public comment period open on proposed changes to probate court guardianship forms, and we need your voice to make a difference. We’ve prepared suggested comments that address three particularly concerning aspects of the new guardianship forms.


How to Participate:


Open a blank email. Type this email address in the "To" box: RuleAmendments@sc.ohio.gov


Copy the suggested text below or write your own comment. Sign your name at the bottom and hit "Send" by November 18, 2024.


To: The Supreme Court of Ohio

Re: Public Comment on Proposed Guardianship Form Changes


Dear Honorable Members of the Supreme Court of Ohio,


I am writing to provide public comments regarding the proposed changes to the guardianship forms and processes. I am deeply concerned about several aspects of the proposed language and its potential impact on families who serve as both guardians and paid caregivers for their loved ones.


These proposed changes, if implemented as written, could inadvertently penalize family members who are already facing substantial challenges in providing 24/7 care to their wards.


I respectfully request that the following concerns and suggestions be taken into consideration to ensure that the forms are fair, clear, and inclusive of family-centered care arrangements.


1. Living Arrangement Options (Line 115)

The current options under Question 13 are limited to facility-based care settings or independent living arrangements. There appears to be no clear provision for individuals who live with their families, which is a common and necessary arrangement for many wards.


Proposed Change:

I suggest adding an explicit option for "Living with family" to ensure that family-centered care is acknowledged and not overlooked. For example:


Suggested Revised Question 13: "What is the recommended level of care for the proposed ward?

  • Independent living arrangement

  • Assisted living facility or group home

  • Nursing home

  • Memory care facility or lockdown unit

  • Living with family

  • Other: ____________________________"


This change would recognize the reality that many wards are best served in a family home environment, which supports their well-being, community inclusion, and continuity of care.


2. Financial and Emotional Dependency (Line 45)


The question on Line 45—"Are you financially or emotionally dependent on the proposed ward?"—is overly broad. The phrase "financially dependent" could be interpreted to include guardians who are legitimately employed as direct care workers. Additionally, the term "emotionally dependent" is vague and subjective, leaving it open to inconsistent interpretation.


Proposed Change:

I recommend revising this question to clarify that being employed as a direct care worker does not equate to financial dependency in a disqualifying sense. A possible revision could be:


Suggested Revised Line 45: "Are you financially dependent on income from the proposed ward’s private personal funds (excluding compensation for caregiving services)?"

  • Yes

  • No

    If yes, please explain: _______________________


Further, I suggest removing the term "emotionally dependent" or providing a clear definition to avoid ambiguity.


These clarifications would prevent the exclusion of qualified guardians who work as direct care workers.


3. Compensation for Caregiving (Line 54)


The current wording of Line 54—"Do you receive money, from any source, for your involvement or care of the proposed ward?"—raises significant concerns about potential bias against guardians who also serve as direct care providers. Many guardians are not only the most qualified caregivers due to their intimate knowledge of the ward’s needs but are often the only available option amidst a severe caregiver shortage. The existing phrasing risks penalizing those who are rightfully compensated for providing essential, around-the-clock care, potentially disqualifying capable guardians and jeopardizing the well-being of vulnerable wards by putting them at increased risk of institutionalization.


Proposed Change:

To more accurately reflect the realities of caregiving, I propose rewording this question to differentiate between compensation received for caregiving services versus improper personal financial benefit. The revised question focuses on ensuring transparency without risking disqualifying guardians because of their labor as direct care workers.


Suggested Revised Line 54: "Do you receive any personal financial gain from the ward's assets? This does not include compensation for caregiving services not derived from the ward’s assets."

  • Yes

  • No

    If yes, please explain: ___________________________


Rationale for Change:

This revised question distinguishes between personal financial gain from the ward's funds and legitimate compensation for necessary caregiving work. It ensures that guardians are not unfairly penalized for being paid caregivers, especially in cases where they are the most qualified and available caregivers for their ward.


By focusing on financial gain from the ward's assets, the question targets improper benefit while protecting guardians who rely on compensation through Medicaid or other state programs to provide essential care. This clarification aligns with protecting the ward's best interests without discouraging guardians who are vital caregivers.


Conclusion

The suggested revisions aim to ensure that the forms are inclusive and do not unintentionally penalize family members who are fulfilling a critical caregiving role. The current workforce crisis in the caregiving sector has left many families with no option but to serve as both guardians and caregivers. Ensuring clarity and fairness in these forms is crucial to upholding the rights and well-being of Ohio's most vulnerable citizens and their families.

I urge the Ohio State Supreme Court to consider these changes to avoid unintentionally limiting the ability of dedicated family members to serve as both guardians and caregivers. Thank you for the opportunity to provide feedback on these important matters.


Respectfully submitted,

[YOUR NAME]

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