OH · rules
Ohio Sup.R. 8.35
Responsibilities of Court Establishing Guardianships
(A) General responsibilities
The probate division of a court of common pleas that establishes a guardianship shall do
all of the following:
(1) Conduct, or cause to be conducted, a criminal background check of all
applicants for appointment as guardian. If the applicant for appointment as
a guardian is a licensed Ohio attorney, the court may accept a certificate of
good standing with disciplinar y information issued by the Supreme Court
in place of a criminal background check.
(2) Require each guardian appointed by the court to execute an affidavit
affirming the applicant has no pending misdemeanor or felony charges, has
not been convicted of or pleaded guilty to any misdemeanor or felony
offense, and shall notify the court within s eventy-two hours of any change
in the information in the affidavit.
(3) Determine what weight to give to the any pending charges or convictions of
misdemeanor or felony offenses as disclosed in the criminal background
check or the affidavit.
(4) Require each guardian appointed by the court to submit to the court
information documenting compliance with the guardian qualifications
pursuant to Sup.R. 8.36 or 8.37, as applicable;
(5) Direct the court investigator to inquire into the visitation history and
preferences of the prospective ward during the service of notice and initial
guardianship investigation pursuant to R.C. 2111.041 or at any other time
that the court directs. The cour t investigator shall make a written report of
the visitation recommendation to the court.
(B) Responsibilities regarding guardians with ten or more wards
The probate division of a court of common pleas shall do all of the following with respect
to guardians with ten or more wards under the guardian’s care:
(1) Maintain a roster, including the name, address, telephone number, and
electronic mail address, of the guardians. The court shall require the
guardians to notify the court of any changes to this information.
(2) Require the guardians to include in the guardian’s report a certification
stating that the guardian is unaware of any circumstances that may
disqualify the guardian from serving as a guardian;
(3) Require the guardians to submit to the court an annual fee schedule that
differentiates guardianship services fees, as established pursuant to local
rule, from legal or other direct services;
(4) On or before March 1st of each year, review the roster of guardians to
determine if the guardians are in compliance with the education
requirements of Sup.R. 8.36 or 8.37, as applicable, and that the guardians
are otherwise qualified to serve.
History
Effective Date: June 1, 2015 Amended: June 1, 2021; May 1, 2022; July 1, 2022 Commentary (July 1, 2026) Rule 66.05 was renumbered to Rule 8.35 as part of the 2026 restructuring of the Rules of Superintendence.
Provenance
- Source
- supremecourt.ohio.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
c833cb4abd59dda3dba00fcd858f628328440504c571458cd8b1418247b5d457
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