Ohio Sup.R. 8.39

(A) Professionalism, character, and integrity

A guardian shall act in a manner above reproach, including but not limited to avoiding

financial exploitation, sexual exploitation, and any other activity that is not in the best

interest of the ward.

(B) Exercising due diligence

A guardian shall exercise due diligence in making decisions that are in the best interest of

a ward, including but not limited to communicating with the ward and being fully informed

about the implications of the decisions.

(C) Least restrictive alternative

Unless otherwise approved by the probate division of a court of common pleas, a guardian

shall make a choice or decision for a ward that best meets the needs of the ward while

imposing the least limitations on the ward’s rights, freedom, or ability to control the ward’s

environment. To determine the least restrictive alternative, a guardian may seek and

consider an independent assessment of the ward’s functional ability, health status, and care

needs.

(D) Person-centered planning

A guardian shall advocate for services focused on a ward’s wishes and needs to reach the

ward’s full potential. A guardian shall strive to balance a ward’s maximum independence

and self-reliance with the ward’s best interest.

(E) Ward’s support system

A guardian shall strive to foster and preserve positive relationships in the ward’s life unless

such relationships are substantially harmful to the ward. A guardian shall be prepared to

explain the reasons a particular relationship is severed and not in the ward’s best interest.

(F) Communication with ward

(1) A guardian shall strive to know a ward’s preferences and belief system by seeking

information from the ward and the ward’s family and friends. The guardian is

encouraged to identify those persons with whom the ward desires to communicate

and facilitate the communication the guardian believes is in the best interest of the

ward.

(2) A guardian shall do all of the following:

(a) Meet with the ward as needed, but not less than once quarterly or as

determined by the probate division of the court of common pleas;

(b) Communicate privately with the ward;

(c) Assess the ward’s physical and mental conditions and limitations;

(d) Assess the appropriateness of the ward’s current living

arrangements;

(e) Assess the needs for additional services;

(f) Notify the court if the ward’s level of care is not being met;

(g) Document all complaints made by a ward and assess the need to

report the complaints to the court of common pleas.

(h) Encourage visitation and communication with the ward so long as

such visitation and communication is in the best interest of the ward;

(i) Promptly submit a list of names to the court of any persons or

entities whom the guardian has excluded or seeks to exclude from

visiting or communicating with the ward.

(G) Direct services

A guardian, except a family member guardian of the ward, shall not provide any direct

services to a ward without notifying the probate court. All guardians providing any direct

services to a ward shall comply with all licensing, training, and accreditation rules required

of paid providers by any applicable state agency.

(H) Monitor and coordinate services and benefits

A guardian shall monitor and coordinate all services and benefits provided to a ward,

including doing all of the following as necessary to perform those duties:

(1) Having regular contact with all service providers;

(2) Assessing services to determine they are appropriate and continue to be in

the ward’s best interest;

(3) Maintaining eligibility for all benefits;

(4) Where the guardian of the person and guardian of the estate are different

individuals, consulting regularly with each other.

(I) Extraordinary medical issues

(1) A guardian shall seek ethical, legal, and medical advice, as appropriate, to facilitate

decisions involving extraordinary medical issues.

(2) A guardian shall strive to honor the ward’s preferences and belief system

concerning extraordinary medical issues.

(J) End of life decisions

A guardian shall make every effort to be informed about the ward’s preferences and belief

system in making end of life decisions on behalf of the ward.

(K) Caseload

A guardian shall appropriately manage the guardian’s caseload to ensure the guardian is

adequately supporting and providing for the best interest of the wards in the guardian’s

care.

(L) Duty of confidentiality

A guardian shall keep the ward’s personal and financial information confidential, except

when disclosure is in the best interest of the ward or upon order of the probate division of

a court of common pleas.