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S. B. No. 365 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Lehner, Seitz
A BILL
To enact section 2111.011 of the Revised Code to
provide a ward's bill of rights and to require
that a guardian receive the Ohio Guardianship
Guide prepared by the Attorney General and
acknowledge such receipt.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2111.011 of the Revised Code be
enacted to read as follows:
Sec. 2111.011. (A) If the attorney general has prepared an
Ohio guardianship guide that includes the bill of rights of a ward
as listed in division (E) of this section, the clerk of the
probate court shall furnish that guide to a guardian at either of
the following times, whichever is applicable:
(1) Upon the appointment of the guardian under section
2111.02 of the Revised Code;
(2) If the guardian was appointed prior to the effective date
of this section, upon the first filing by the guardian with the
probate court of either of the following, as applicable, after
that effective date:
(a) A guardian's account, other than a final account, that is
required to be filed under section 2109.302 of the Revised Code;
(b) A guardian's report that is required to be filed under
section 2111.49 of the Revised Code.
(B) If the attorney general has prepared an Ohio guardianship
guide under division (A) of this section and subsequently prepares
any updated version of the Ohio guardianship guide that includes
the bill of rights of a ward as listed in division (E) of this
section, the clerk of the probate court shall furnish the most
recent version of the guide to a guardian at either of the
following times, whichever is applicable:
(1) Upon the appointment of the guardian under section
2111.02 of the Revised Code after the most recent version of the
guide is prepared;
(2) If the guardian was appointed prior to the date of the
most recent version of the guide, upon the first filing by the
guardian with the probate court of either of the documents
described in divisions (A)(2)(a) and (b) of this section, as
applicable, after that date.
(C) The probate court shall establish a form for a guardian
to sign acknowledging that the guardian received the following:
(1) The Ohio guardianship guide;
(2) The bill of rights of a ward.
(D) Upon receiving the Ohio guardianship guide with a ward's
bill of rights pursuant to division (A) or (B) of this section,
the guardian shall sign the form specified in division (C) of this
section.
(E) A ward is entitled to certain rights that the guardian
cannot change, and continues to have these rights after a
guardianship is established. These rights are as follows:
(1) To be treated with dignity and respect;
(2) To privacy, which includes the right to privacy of the
body and the right to private, uncensored communication with
others by mail, telephone, or personal visits;
(3) To exercise control over all aspects of life that the
court has not delegated to the guardian;
(4) To appropriate services suited to the ward's needs and
conditions, including mental health services;
(5) To have the guardian consider the ward's personal
desires, preferences, and opinions;
(6) To safe, sanitary, and humane living conditions within
the least restrictive environment that meets the ward's needs;
(7) To marry, if legally able;
(8) To procreate, or to consent or object to sterilization;
(9) To equal treatment under the law, regardless of race,
religion, creed, sex, age, marital status, sexual orientation, or
political affiliation;
(10) To have explanations of any medical procedures or
treatment;
(11) To have personal information kept confidential;
(12) To review personal records, including medical,
financial, and treatment records;
(13) To speak privately with an attorney, ombudsman, or other
advocate;
(14) To an attorney and independent expert evaluator, and to
have these professionals paid by the court if the ward is
indigent;
(15) To petition the court to modify or terminate the
guardianship;
(16) To bring a grievance against the guardian, request the
court to review the guardian's actions, request removal and
replacement of the guardian, or request that the court restore the
ward's rights if it can be shown that the ward has regained the
capacity to make some or all decisions;
(17) To request a hearing to review the continued need for
the guardianship at least once a year;
(18) To drive, if legally able;
(19) To vote, if legally able.
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