Ohio Code 5123.58 – Nomination of protective services agency as guardian, trustee or protector
An agency providing protective services under contract with the department of developmental disabilities may be nominated under any of the following conditions as guardian, trustee, protector, conservator, or as trustee and protector of a person with a developmental disability:
Terms Used In Ohio Code 5123.58
- Comprehensive evaluation: means a study, including a sequence of observations and examinations, of a person leading to conclusions and recommendations formulated jointly, with dissenting opinions if any, by a group of persons with special training and experience in the diagnosis and management of persons with developmental disabilities, which group shall include individuals who are professionally qualified in the fields of medicine, psychology, and social work, together with such other specialists as the individual case may require. See Ohio Code 5123.01
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the probate division of the court of common pleas. See Ohio Code 5123.01
- Developmental disability: includes intellectual disability. See Ohio Code 5123.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Probate: Proving a will
- Trustee: A person or institution holding and administering property in trust.
(A) The person who needs or believes the person needs protective service may make application in writing.
(B) Any interested person may make application in writing on behalf of a person with a developmental disability.
(C) A parent may name the department or agency as guardian or successor guardian in a will.
(D) A parent may name the department or agency as guardian, trustee, or protector, to assume such duties during the parent’s lifetime.
If the results of the comprehensive evaluation required under section 5123.57 of the Revised Code indicate that the person named in the nomination is in need of protective services, the agency or service either shall reject or accept the nomination as guardian, trustee, or conservator, subject to appointment by the probate court, or reject or accept the nomination as protector, or trustee and protector.
At the time the nomination is accepted or when an appointment is made by the court, the person with a developmental disability and any person who made application for service on behalf of the person with a developmental disability under this section shall be informed by the agency, service, or court of the procedure for terminating the appointment or service. The agency or service shall cease to provide protective service as a protector pursuant to nomination under division (A), (B), or (D) of this section when a written request for termination is received by the agency from or on behalf of the person with a developmental disability. If the agency or service believes the person to be in need of protective service, the agency or service may file an application for guardianship, trusteeship, or protectorship with the probate court. Termination of any court appointment as guardian, trustee, or protector shall be by order of the probate court.