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Ohio Sup.R. 8.35

Responsibilities of Court Establishing Guardianships

activein force · 2022-07-01 – presentact-effective-date

(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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