Guardianships
LOCAL RULE 66.1. Statement of Expert Evaluation
Where a physician or clinical psychologist states on a Statement of Expert Evaluation or the Court determines that to a reasonable degree of medical certainty the Ward’s mental incompetence will not improve, the Court may dispense with the filing of subsequent Statements of Expert Evaluation when filing the subsequent guardian’s reports.
LOCAL RULE 66.2. Confidentiality of Reports
Medical and psychological reports are confidential and there shall be no access to these reports without prior court order.
LOCAL RULE 66.3. Indigent Wards
For purposes of the indigent guardianship fund, an adult ward or alleged incompetent will be rebuttably presumed to be indigent if his or her personal property is less than One Thousand Five Hundred and No/100 Dollars ($1500.00) and his or her annual income is less than the U.S. Department of Health and Human Services poverty guidelines.
Local Rule 66.4. Criminal Background Check
All Applicants who are applying to be appointed guardian of the person and/or estate of a prospective Ward are required to submit to a criminal background check unless so waived by the Court. Each Applicant shall execute a Consent to Criminal Background Check and shall authorize the Mahoning County Sheriff’s Department to perform a criminal background check on the Applicant using the WEBCHECK system, to have the results sent directly to the Mahoning County Probate Court to become a permanent part of the Court’s file and public record and to have the results sent by the Mahoning County Probate Court to the Applicant, counsel for the Applicant and to the Court Investigator. The costs for the background check shall be paid by the Applicant directly to the Mahoning County Sheriff and shall be considered expenses of administration that are reimbursable. This rule shall not apply to corporate Applicants or licensed Attorneys.