LOCAL RULE 66.1 GUARDIANSHIPS
 
  1. Guardianships.

    1. Bond.

      Bond shall be posted in an amount of double the probable value of the personalty not in a custodial account or otherwise impounded according to law. However, all guardianships of the estate shall post a minimum bond as determined by the Court.

    2. Release of Funds and Assets.

      Funds and assets held in the ward's name shall not be released to a guardian except upon Order of the Court. All Motions for release shall specify the exact amount to be released, the name and address of the financial institution holding the funds, and the person in whose name the funds are held. The Order releasing funds shall order the financial institution to hold all funds in excess of the amount to be released until further Order of the Court.

    3. Custodial Deposits.

      Where found necessary, deposit of all, or a portion of, cash assets in a custodial account in a financial institution located in Summit County may be ordered by the Court. The deposit shall be made in the name of the fiduciary, and the personal property deposited shall not be withdrawn from the custody of the bank, association, or trust company, except upon the special Order of the Court.

      1. The custodial account shall be established by the filing of a Motion and Order to Create Accounts. A certified copy of this Motion and Order must be presented to the custodial depository.
      2. A verification of deposit signed by the custodial depository shall be filed within fourteen (14) days of the filing of the Motion and Order to Create Accounts.
      3. The Motion and Order to Create Accounts shall be filed prior to the filing of the Inventory. No Inventory will be accepted without the creation of the account.

    4. Investigation.

      All applications for the appointment of a guardian for an adult incompetent shall be inquired into by a Court-appointed investigator, who shall also serve notice on the proposed ward according to law.

    5. School Guardianship.

      The Court will not accept for filing any guardianship for a minor where the sole purpose of the guardianship is to establish a residency for school purposes.

    6. Voting.

      No adult person adjudicated incompetent shall lose the right to vote, except upon motion, notice, and record hearing before the Court.

    7. Training Sessions.

      All guardians of the person and estate, and all guardians of the estate only, shall, within six (6) months of the date of their appointment, attend one guardianship training session, as conducted and scheduled by this Court. This session need not be repeated upon subsequent appointments. Failure to attend a training session will subject the guardian to the Court's citation procedure.

    8. Guardian's Handbook.

      Each guardian appointed after May 1, 1995, by this Court shall receive a guardian's handbook issued by the Court for the purpose of providing information as to a guardian's duties and responsibilities. At the time of appointment, the cost of the handbook shall be assessed to the guardian or the estate of the ward.

    9. Change of Residence of Ward.

      All guardians must have the approval of Probate Court before transferring a ward out of Summit County or out of the State. A notice must be sent to the assigned Magistrate setting forth the transfer site, the reasons for the move, and alternatives available. The Court or Magistrate shall approve or disapprove the transfer.

    10. Personal Property.

      Personal property of the ward, valued at $500.00 or less, may be sold without prior approval of the Court if the buyer is not a relative.

    11. Death of Ward.

      A guardian shall notify the Court of the death of a ward by written notice no later than ninety (90) days after the date of death.

      Failure to notify the Court within the prescribed time limits will be considered malfeasance, and will disqualify the guardian from collection of guardian's fees from the ward's estate, including any fees owing to the guardian but not collected or paid. If the guardian is also the attorney for the guardianship, the foregoing rule shall also apply to attorney's fees.

      Upon hearing, and for good cause shown, the Court may award guardian's or attorney's fees otherwise denied by this Rule.

    12. Guardian's Reports.

      1. Guardian Reports on all guardianships except Guardianship of a Minor's Estate only shall be filed annually on the anniversary of the appointment date
      2. Where a physician or clinical psychologist states on a Statement of Expert Evaluation that to a reasonable degree of medical certainty it is unlikely the ward's mental competence will improve, the Court may dispense with the filing of subsequent Statements of Expert Evaluations when filing further annual Guardian's Reports.

    13. Notice for Guardianship of Adult.

      In addition to those entitled to notice of the hearing on the application for appointment of a guardian of an adult under Ohio R.C. 2111.04, the applicant shall submit to the Court the names and addresses of all adult children of the proposed ward. The Court shall serve the adult children with notice of the time and date of the hearing, unless the notice is waived.

    14. Deposit of Wills.

      The guardian must deposit with the Court all Wills of the ward for safekeeping.

[Former Rules 34.1 and 34.2 amended and renumbered as Rule 66.1, effective June 10, 1998; amended effective April 1, 2001; October 1, 2001; December 31, 2001; April 1, 2005; February 1, 2008.]

 

 

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