Ohio has always struggled to properly care for its vulnerable seniors, and the COVID-19 pandemic has greatly exacerbated the problem, straining the already dysfunctional system of guardianship in Ohio. Guardianship is defined by the Cuyahoga County Probate Court as, “an involuntary trust relationship in which one party, called a “guardian,” acts for an individual, called the “ward,” [who is regarded] as incapable of managing his or her own person and/or affairs.” These wards have long been neglected due to insufficient state funding to probate courts and a disjointed system of recording and administration, and the advent of the Coronavirus is taking a heavy toll on these already strained resources, leaving the elderly or frail residents of Ohio’s nursing homes fearing contraction of the virus and worse.
In Ohio, a guardian may be appointed as a Guardian of the Person, a Guardian of the Estate, or both. If a Guardian of the Person, they have control and custody of the ward’s person and should act to protect him or her. If one is a Guardian of the Estate, they make decisions to control and protect the ward’s assets. These guardians may possess only limited powers, as in the case of a Limited Guardianship, wherein the ward retains much of his or her decision-making power, granting the ability to make only restricted or specific decisions for the ward. Finally, if an emergency situation occurs in which a prospective ward might experience a significant injury, an emergency guardian may be appointed by the court for 72 hours. Regardless of the type of guardianship in question, Ohio’s probate court retains ultimate supervisory authority, and its orders must be obeyed by all guardians. Although there are some specific procedures that Ohio probate courts follow, there are many grey areas in the system and factors that contribute to an unsatisfactory program, namely a lack of funding and of a cohesive system of complaint response and reporting.
As is the case with many improperly functioning governmental organizations, a lack of funding contributes to poor performance. And, with COVID-19 necessitating the diversion of funds to other programs, guardianship in Ohio, especially as it applies to those wards currently in nursing homes, has essentially ground to a halt. According to current statistics from the Ohio Department of Health, 278 residents of Ohio nursing homes recently died from COVID-19 in a 14-day span. In that same time period, just under 3,000 residents or staff members were diagnosed with the virus.
This is a clear indication that Ohio’s guardianship programs are not functioning adequately; fortunately, those at the helm seem to be operating with foresight. Governor Mike Dewine promptly responded to these alarming numbers, barring visitors from nursing homes in March with the exception of end-of-life situations. But, obviously wards in nursing homes are still at a disproportionate risk of enduring greater suffering and a higher risk of death in the event of virus contraction. The solution might be found in technology by providing nursing home residents with access to iPads or laptops that could facilitate Zoom meetings between wards and
their guardians. This, however, is not happening largely due to the aforementioned lack of funding. And, even if it did, there is little evidence that the complaints received by those guardians would be transferred to Ohio probate courts, as there is no systemic cohesion. Nowhere is this made more evident than in the fact that there is no single agency responsible for tracking this information or conveying it to the courts. There is no watchdog.
In a time when governmental assistance is hard to come by, nursing home residents are left alone and uncertain. Many feel that, even after the pandemic subsides, their best bet will be to appoint a loved one as their guardian. While doing so wouldn’t immediately allow them to physically spend time with friends or family, many nursing home residents have come to understand that guardianship will work in their best interest only if they take proactive measures. In order to ensure that you and your loved ones are protected, appointing guardianship to someone who knows you personally, as opposed to a randomly-appointed guardian without the resources to properly help, is often the best idea. The ideal person to act in a fiduciary capacity for you is one who personally knows your story and who truly cares for you and your best interest. So, especially since cases of COVID-19 are still actively rising in Ohio, the most beneficial course of action is to discuss your situation with the one who knows you best immediately. Having an honest conversation about whether he or she would be willing to take on guardianship responsibilities to protect you in this crucial time and beyond might be the most important talk you ever have.