(A) All applications for the appointment of a guardian on the grounds of mental incompetency shall be accompanied by either a statement of a physician or clinical psychologist or a statement that the prospective ward has refused to submit to an examination.
(B) An Application for Authority to Expend Funds (Standard Probate Form 15.7) shall not be approved until an Inventory (Standard Probate Form 15.5) has been filed.
(C) An application for allowance of care and support of a minor shall allege, if such is the fact, that the father and mother are financially unable to provide the items for which the amount is sought.
B.C.L.R. 66.1 GUARDIANSHIPS - ADDITIONAL RULES
(A) A Statement of Expert Evaluation (Standard Probate Form 17.1) filed concerning an application for the appointment of a guardian on the grounds of mental incompetency shall be maintained as a confidential record.
(B) The Investigator’s Report on Guardianship (Standard Probate Form 17.8) filed concerning an application for the appointment of a guardian on the grounds of mental incompetency shall be maintained as a confidential record.
(C) An Application for Authority to Expend Funds (Standard Probate Form 15.7) shall not be approved if the guardian’s account required to be filed by R.C. §2109.30 is overdue.
(D) Funds shall not be released to a guardian except upon an order of the court.
(E) None of a ward’s assets may be accessed through an automated teller machine or debit card. Electronic payment of routine and recurring expenses is permitted with court approval.
(F) Applicants seeking to be appointed as the guardian of a minor or as the guardian of an incompetent shall execute and file with the Court an “Authorization for Release of Information - Guardianship” (BCPC Form 500G), (1) expressly authorizing Butler County Adult Protective Services to release to the Butler County Probate Court, for an in camera inspection by said Court, any reports that may involve the applicant and that concern allegations of abuse, neglect, or the exploitation of an adult, (2) expressly authorizing Butler County Job and Family Services to release to the Butler County Probate Court, for an in camera inspection by said Court, any reports that may involve the applicant and that concern allegations of abuse, neglect, or dependency of a minor child, and (3) expressly authorizing the Butler County Sheriff to release to the Butler County Probate Court copies of any records of arrest and/or conviction concerning any criminal charges that the applicant may have, as set forth in the following paragraphs.
[Effective date: 10/21/2008]
(1) Except as otherwise provided in this rule, in all guardianship proceedings that involve a person who is alleged to be incompetent or who has previously been found to be incompetent (such person hereinafter referred to as the ward), applicants seeking to be named as either the guardian of the person, guardian of the estate, or guardian of the person and estate, of the ward shall file with the Court a fully executed “Authorization for Release of Information - Guardian” (BCPC Form 500-G) at the time of the filing of the applicant’s Application For Appointment of Guardian of Incompetent (Standard Probate Form 17.0). This requirement shall not apply when the applicant is a corporation or when the applicant is an attorney who is licensed to practice law in the state of Ohio. This requirement may otherwise be waived by the court for good cause shown.
[Effective date: 10/21/2008]
(2) Except as otherwise provided in this rule, in all guardianship proceedings that involve a person who is a minor (such person hereinafter referred to as the ward), persons seeking to be named as either the guardian of the person, guardian of the estate, or guardian of the person and estate of the ward shall file with the Court a fully executed “Authorization for Release of Information - Guardian” (BCPC Form 500-G) at the time of the filing of the applicant’s Application For Appointment Of Guardian Of Minor (Standard Probate Form 16.0). This requirement shall not apply when the applicant is a corporation or when the applicant is an attorney who is licensed to practice law in the state of Ohio. This requirement may otherwise be waived by the court for good cause shown.
[Effective date: 10/21/2008]
(3) The admissibility of any reports submitted to the Butler County Probate Court by Butler County Adult Protective Services and/or by Butler County Job and Family Services for an in camera inspection shall be determined by the Court at the time of the hearing of the matter then pending before the Court, taking into account any applicable statutes and/or rules of evidence, in addition to any other applicable law. The confidential or privileged nature provided to any such report by any applicable statute or other law shall remain in full force and effect, unless otherwise ordered by this Court.
[Effective date: 10/21/2008]