AARP Applauds Ohio's New Guardianship Law; Fights Elder Abuse, Financial Exploitation

Establishes county oversight boards, cuts red tape, saves money

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Dec 27, 2018, 17:13 ET

COLUMBUS, Ohio, Dec. 27, 2018 /PRNewswire/ -- AARP Ohio commends Representative Robert Cupp and Representative Jeff Rezabek for sponsorship and the Ohio General Assembly and Governor John Kasich for passage of House Bill 595, legislation that will strengthen protections for individuals who must rely on the care of a guardian and further simplifies probate and trust laws in Ohio.

AARP Ohio supported a new Ohio law which will strengthen protections for individuals who must rely on the care of a guardian and further simplifies probate and trust laws in Ohio. Updated guardianship policies and practices will help prevent elder abuse and financial exploitation.

When an adult becomes incapable of managing his or her personal decisions or property, a court may appoint a guardian to make decisions on behalf of that individual. These decisions can be related to property, medical care, living arrangements, and financial issues. Obtaining adult guardianship orders can be expensive, time consuming and complex. But if done correctly, they can help prevent elder abuse and financial exploitation.

The lack of court monitoring in guardianship can often lead to abusive situations and/or the court losing track of a ward, their money, or the guardian. State courts are responsible for monitoring guardians' performance and ensuring that individuals under guardianship are protected and treated appropriately. However, with the overload of cases on the system, AARP has found that follow-up with reporting requirements and accounting required by guardians is lacking in many states across the country.

"Ohio is one of many states that has taken significant steps to update guardianship policies and practices to prevent abuse and has developed standards for guardians and state guardianship programs," said AARP State Director Barbara A. Sykes. "HB 595 takes another important step to strengthen protections for individuals who must rely on the care of a guardian and further simplifies probate and trust laws in Ohio."

The new law will allow a county probate court to establish an adult guardianship services board and funds to provide for the oversight of services and care for individuals under guardianship. This streamlined approach is aimed at improving coordination within the state and assisting overburdened courts.

"Cutting red tape for county courts to work together to provide services to individuals under guardianship could save time, money for the individual, their families/caregivers, and the state. Additionally, when state courts work together on such cases they could not only be more efficient and effective, but they could also potentially detect signs of abuse and exploitation earlier in the legal process," said Sykes.

Since 2012, AARP has been a key player in more than 200 new laws and reforms regarding issues of probate and guardianship. Ohio is one of many states that has taken significant steps to update guardianship policies and practices to prevent abuse and has developed standards for guardians and state guardianship programs.

"Our organization fights to protect individuals who rely on their guardians for vital decision-making and support, as well as to make sure guardians have the necessary training and tools to take on their important responsibilities, " said Sykes. "HB 595 takes another important step to strengthen protections for individuals who must rely on the care of a guardian and further simplifies probate and trust laws in Ohio. "

AARP
AARP is the nation's largest nonprofit, nonpartisan organization dedicated to empowering Americans 50 and older to choose how they live as they age. With nearly 38 million members and offices in every state, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, AARP works to strengthen communities and advocate for what matters most to families with a focus on health security, financial stability and personal fulfillment. AARP also works for individuals in the marketplace by sparking new solutions and allowing carefully chosen, high-quality products and services to carry the AARP name. As a trusted source for news and information, AARP produces the world's largest circulation publications, AARP The Magazine and AARP Bulletin. To learn more, visit www.aarp.org or follow @AARP and @AARPadvocates on social media.

SOURCE AARP Ohio