Bill Text: OH SB365 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2014-09-25 - To Civil Justice [SB365 Detail]

Download: Ohio-2013-SB365-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 365

Senator Jones 

Cosponsors: Senators Lehner, Seitz 

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A BILL

To enact section 2111.011 of the Revised Code to

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provide a ward's bill of rights and to require

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that a guardian receive the Ohio Guardianship

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Guide prepared by the Attorney General and

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acknowledge such receipt.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2111.011 of the Revised Code be	6
enacted to read as follows:	7

Sec. 2111.011. (A) If the attorney general has prepared an	8
Ohio guardianship guide that includes the bill of rights of a ward	9
as listed in division (E) of this section, the clerk of the	10
probate court shall furnish that guide to a guardian at either of	11
the following times, whichever is applicable:	12

(1) Upon the appointment of the guardian under section	13
2111.02 of the Revised Code;	14

(2) If the guardian was appointed prior to the effective date	15
of this section, upon the first filing by the guardian with the	16
probate court of either of the following, as applicable, after	17
that effective date:	18

(a) A guardian's account, other than a final account, that is	19
required to be filed under section 2109.302 of the Revised Code;	20

(b) A guardian's report that is required to be filed under	21
section 2111.49 of the Revised Code.	22

(B) If the attorney general has prepared an Ohio guardianship	23
guide under division (A) of this section and subsequently prepares	24
any updated version of the Ohio guardianship guide that includes	25
the bill of rights of a ward as listed in division (E) of this	26
section, the clerk of the probate court shall furnish the most	27
recent version of the guide to a guardian at either of the	28
following times, whichever is applicable:	29

(1) Upon the appointment of the guardian under section	30
2111.02 of the Revised Code after the most recent version of the	31
guide is prepared;	32

(2) If the guardian was appointed prior to the date of the	33
most recent version of the guide, upon the first filing by the	34
guardian with the probate court of either of the documents	35
described in divisions (A)(2)(a) and (b) of this section, as	36
applicable, after that date.	37

(C) The probate court shall establish a form for a guardian	38
to sign acknowledging that the guardian received the following:	39

(1) The Ohio guardianship guide;

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(2) The bill of rights of a ward.

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(D) Upon receiving the Ohio guardianship guide with a ward's	42
bill of rights pursuant to division (A) or (B) of this section,	43
the guardian shall sign the form specified in division (C) of this	44
section.	45

(E) A ward is entitled to certain rights that the guardian	46
cannot change, and continues to have these rights after a	47
guardianship is established. These rights are as follows:	48

(1) To be treated with dignity and respect;

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(2) To privacy, which includes the right to privacy of the	50
body and the right to private, uncensored communication with	51
others by mail, telephone, or personal visits;	52

(3) To exercise control over all aspects of life that the	53
court has not delegated to the guardian;	54

(4) To appropriate services suited to the ward's needs and	55
conditions, including mental health services;	56

(5) To have the guardian consider the ward's personal	57
desires, preferences, and opinions;	58

(6) To safe, sanitary, and humane living conditions within	59
the least restrictive environment that meets the ward's needs;	60

(7) To marry, if legally able;

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(8) To procreate, or to consent or object to sterilization;

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(9) To equal treatment under the law, regardless of race,	63
religion, creed, sex, age, marital status, sexual orientation, or	64
political affiliation;	65

(10) To have explanations of any medical procedures or	66
treatment;	67

(11) To have personal information kept confidential;

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(12) To review personal records, including medical,	69
financial, and treatment records;	70

(13) To speak privately with an attorney, ombudsman, or other	71
advocate;	72

(14) To an attorney and independent expert evaluator, and to	73
have these professionals paid by the court if the ward is	74
indigent;	75

(15) To petition the court to modify or terminate the	76
guardianship;	77

(16) To bring a grievance against the guardian, request the	78
court to review the guardian's actions, request removal and	79
replacement of the guardian, or request that the court restore the	80
ward's rights if it can be shown that the ward has regained the	81
capacity to make some or all decisions;	82

(17) To request a hearing to review the continued need for	83
the guardianship at least once a year;	84

(18) To drive, if legally able;

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(19) To vote, if legally able.

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