Just the Facts:

Guardianship Services

Non-Attorney, Non-Family in Ohio

 What is a non-attorney, non-family guardianship service?

When a legally incompetent individual in Ohio has no family or cannot afford to hire an attorney to be their guardian, another unrelated individual can be named the guardian. Currently, Ohio has a statewide network, Advocacy & Protective Services, Inc. (APSI) to assist adults with mental retardation when a guardian is needed; however, there is no statewide network to assist adults with mental illness or older adults with dementia when they are in need of a guardian.

Who is a non-attorney, non-family guardian?

A non-attorney, non-family guardian is an individual, either a paid staff member of an organization or a volunteer trained by an organization, who becomes a surrogate decision maker, legally appointed by a County Probate Court, for an adult deemed incompetent by that court. These adults generally have no friend or family members available or appropriate to make decisions for them.

Who needs non-attorney, non-family guardianship services?

A ward of the court in need of non-attorney, non-family guardianship service is usually indigent (92% of current population served), elderly, severely mentally disabled, or mentally retarded or developmentally delayed. This last group is served by APSI.  Approximately one-half of Ohio’s indigent wards served through the existing non-APSI programs have a dual diagnosis of the afore mentioned illnesses.

How does Ohio currently fund non-attorney, non-family guardianship services?

The State Budget annually provides APSI, through the Ohio Department of Mental Retardation, five million dollars to serve only legally incompetent adults with mental retardation/developmental delays throughout the state.  There is no state funding for the thousands of Ohioans who require this service who are either severely mentally ill or are elderly with dementia.  By securing state funding, appropriate planning and decision-making for Ohio’s most vulnerable adults will be available.

Can Ohio rely on other funding sources to support non-attorney, non-family guardianship services?

The 19 programs serving 25 counties with non-attorney, non-family guardianship services are currently funded through a number of sources leading to considerable diversity and inconsistency in the funding and types of service available from county to county. Most counties in Ohio are not currently able to offer well trained staff or volunteers to meet this population’s need for guardianship services.

 

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