Section 2111.52 | County probate court guardianship services fund; multicounty probate court guardianship services fund.
(A) A probate court may accept funds or other program assistance from, or charge fees for services described in division (C) of this section rendered to, individuals, corporations, agencies, or organizations, including, but not limited to, a county board of alcohol, drug addiction, and mental health services or a county board of developmental disabilities, unless a county board of alcohol, drug addiction, and mental health services or a county board of developmental disabilities does not agree to the payment of those fees. Any funds or fees received by the probate court under this division shall be paid into the county treasury and credited to a fund to be known as the county probate court guardianship services fund.
(B) The probate courts of two or more counties may accept funds or other program assistance from, or charge fees for services described in division (C) of this section rendered to, individuals, corporations, agencies, or organizations, including, but not limited to, a county board of alcohol, drug addiction, and mental health services or a county board of developmental disabilities, unless a county board of alcohol, drug addiction, and mental health services or a county board of developmental disabilities does not agree to the payment of those fees. Any funds or fees received by the probate courts of two or more counties under this division shall be paid into the county treasury of one or more of the counties and credited to a fund to be known as the multicounty probate court guardianship services fund.
(C) The moneys in a county or multicounty probate court guardianship services fund shall be used for services to help ensure the treatment of any person who is under the care of a county board of alcohol, drug addiction, and mental health services or a county board of developmental disabilities, or any other guardianships. These services include, but are not limited to, involuntary commitment proceedings and the establishment and management of adult guardianships, including all associated expenses, for wards who are under the care of a county board of alcohol, drug addiction, and mental health services, a county board of developmental disabilities, or any other guardianships.
(D) If a judge of a probate court determines that some of the moneys in the county or multicounty probate court guardianship services fund are needed for the efficient operation of the county or multicounty guardianship service board created under division (F) of this section, the moneys may be used for the acquisition of equipment, the hiring and training of staff, community services programs, volunteer guardianship training services, the employment of magistrates, and any other services necessary for the fulfillment of the duties of the county or multicounty guardianship service board.
(E) The moneys in the county or multicounty probate court guardianship services fund that may be used in part for the establishment and management of adult guardianships under division (C) of this section may be utilized to establish a county or multicounty guardianship service.
(F)(1) A county or multicounty guardianship service under division (E) of this section is established by creating a county or multicounty guardianship service board. The judge of the probate court shall appoint one member. The board of directors of a participating county board of developmental disabilities shall appoint one member. The board of directors of a participating county board of alcohol, drug addiction, and mental health services shall appoint one member. Additional members of the guardianship service board may be added if the member or members of a guardianship service board unanimously agree. If neither the county board of developmental disabilities nor the county board of alcohol, drug addiction, and mental health services chooses to participate in the guardianship service board, the probate court may appoint additional members to the guardianship service board. The term of appointment of each member is four years.
(2) The county or multicounty guardianship services board may appoint a director of the board. The board shall determine the compensation of the director based on the availability of funds contained in the county or multi county probate court guardianship services fund.
(3) The county or multicounty guardianship services board may receive appointments from one or more county probate courts to serve as guardians of both the person and estate of wards. The director or any designee of a county or multicounty guardianship services board may act on behalf of the board in relation to all guardianship matters.
(4) The director of a county or multicounty guardianship services board may hire employees subject to available funds in the county or multi county probate court guardianship services fund.
(5) The county or multicounty guardianship services board may charge a reasonable fee for services provided to wards. A probate judge shall approve any fees charged by the board under division (F)(5) of this section.
(6) The county or multicounty guardianship services board that is created under division (F)(1) of this section shall promulgate all rules and regulations necessary for the efficient operation of the board and the county or multicounty guardianship services.
Available Versions of this Section
- March 22, 2019 – Enacted by House Bill 595 - 132nd General Assembly [ View March 22, 2019 Version ]