- Guardianships.
- Bond.
Bond shall be posted in an amount
of double the probable value of the personalty not
in a custodial account or otherwise impounded according
to law. However, all guardianships of the estate shall
post a minimum bond as determined by the Court.
- Release of Funds and Assets.
Funds and assets held in the ward's
name shall not be released to a guardian except upon
Order of the Court. All Motions for release shall
specify the exact amount to be released, the name
and address of the financial institution holding the
funds, and the person in whose name the funds are
held. The Order releasing funds shall order the financial
institution to hold all funds in excess of the amount
to be released until further Order of the Court.
- Custodial Deposits.
Where found necessary, deposit of
all, or a portion of, cash assets in a custodial account
in a financial institution located in Summit County
may be ordered by the Court. The deposit shall be
made in the name of the fiduciary, and the personal
property deposited shall not be withdrawn from the
custody of the bank, association, or trust company,
except upon the special Order of the Court.
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The custodial account shall
be established by the filing of a Motion and Order
to Create Accounts. A certified copy of this Motion
and Order must be presented to the custodial depository.
-
A verification of deposit signed
by the custodial depository shall be filed within
fourteen (14) days of the filing of the Motion
and Order to Create Accounts.
-
The Motion and Order to Create
Accounts shall be filed prior to the filing of
the Inventory. No Inventory will be accepted without
the creation of the account.
- Investigation.
All applications for the appointment
of a guardian for an adult incompetent shall be inquired
into by a Court-appointed investigator, who shall
also serve notice on the proposed ward according to
law.
- School Guardianship.
The Court will not accept for filing
any guardianship for a minor where the sole purpose
of the guardianship is to establish a residency for
school purposes.
- Voting.
No adult person adjudicated incompetent
shall lose the right to vote, except upon motion,
notice, and record hearing before the Court.
- Training Sessions.
All guardians of the person and
estate, and all guardians of the estate only, shall,
within six (6) months of the date of their appointment,
attend one guardianship training session, as conducted
and scheduled by this Court. This session need not
be repeated upon subsequent appointments. Failure
to attend a training session will subject the guardian
to the Court's citation procedure.
- Guardian's Handbook.
Each guardian appointed after May
1, 1995, by this Court shall receive a guardian's
handbook issued by the Court for the purpose of providing
information as to a guardian's duties and responsibilities.
At the time of appointment, the cost of the handbook
shall be assessed to the guardian or the estate of
the ward.
- Change of Residence of Ward.
All guardians must have the approval
of Probate Court before transferring a ward out of
Summit County or out of the State. A notice must be
sent to the assigned Magistrate setting forth the
transfer site, the reasons for the move, and alternatives
available. The Court or Magistrate shall approve or
disapprove the transfer.
- Personal Property.
Personal property of the ward, valued
at $500.00 or less, may be sold without prior approval
of the Court if the buyer is not a relative.
- Death of Ward.
A guardian shall notify the Court
of the death of a ward by written notice no later
than ninety (90) days after the date of death.
Failure to notify the Court within
the prescribed time limits will be considered malfeasance,
and will disqualify the guardian from collection of
guardian's fees from the ward's estate, including
any fees owing to the guardian but not collected or
paid. If the guardian is also the attorney for the
guardianship, the foregoing rule shall also apply
to attorney's fees.
Upon hearing, and for good cause
shown, the Court may award guardian's or attorney's
fees otherwise denied by this Rule.
- Guardian's Reports.
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Guardian Reports on all guardianships
except Guardianship of a Minor's Estate only shall
be filed annually on the anniversary of the appointment
date
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Where a physician or clinical
psychologist states on a Statement of Expert Evaluation
that to a reasonable degree of medical certainty
it is unlikely the ward's mental competence will
improve, the Court may dispense with the filing
of subsequent Statements of Expert Evaluations
when filing further annual Guardian's Reports.
- Notice for Guardianship of Adult.
In addition to those entitled to
notice of the hearing on the application for appointment
of a guardian of an adult under Ohio R.C. 2111.04,
the applicant shall submit to the Court the names
and addresses of all adult children of the proposed
ward. The Court shall serve the adult children with
notice of the time and date of the hearing, unless
the notice is waived.
- Deposit of Wills.
The guardian must deposit with the Court all Wills
of the ward for safekeeping.
[Former Rules 34.1 and 34.2 amended and
renumbered as Rule 66.1, effective June 10, 1998; amended
effective April 1, 2001; October 1, 2001; December 31, 2001;
April 1, 2005; February 1, 2008.] |