Ohio 2023-2024 Regular Session

Ohio Senate Bill SB213

Caption

Establish an alternative to guardianship for certain adults

Impact

If enacted, SB213 will significantly impact the way adults with developmental disabilities are viewed under Ohio law. It establishes that these individuals are presumed competent to make their own decisions, placing the responsibility on the court to prove otherwise rather than requiring individuals to prove their capability. This is a substantial shift that could reduce the number of individuals subjected to guardianship, empowering them instead to maintain control over their personal and financial affairs with the support of trusted individuals, enhancing their dignity and independence.

Summary

Senate Bill 213, introduced by Senator Cirino, seeks to establish supported decision-making as a nonrestrictive alternative to guardianship for adults with developmental disabilities. The bill outlines the process by which individuals with developmental disabilities can create a supported decision-making plan that allows them to receive assistance from chosen supporters in making life decisions without losing their autonomy. This approach emphasizes the importance of self-determination and presumes that all adults, regardless of their disabilities, are capable of making decisions about their own lives unless proven otherwise by a court.

Contention

There may be points of contention surrounding this bill, particularly regarding the potential implications for existing guardianship frameworks. Support for the bill will likely stem from advocates for disability rights who emphasize the need for self-determination, while concerns may arise from legal professionals and guardianship advocates who fear that the bill could lead to misunderstandings regarding an individual's capacity, necessitating safeguards to prevent exploitation or harm. The need for carefully drawn regulations and oversight will likely be a critical element in the discussions as the bill moves forward.

Companion Bills

No companion bills found.

Previously Filed As

OH SB35

Regards supported decision-making for certain disabled adults

OH HB3372

GUARDIANSHIP-ALTERNATIVES

OH HB39

Relating to guardianships for incapacitated persons and to substitutes for guardianships for certain adults with disabilities.

OH HB522

Guardianships and conservatorships, Colby Act, decision-making agreements as an alternative to guardianships provided for

OH SB4283

Alternatives to Guardianship Education Act

OH HB8328

Alternatives to Guardianship Education Act

OH SB1783

Relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.

OH SB1196

Relating to guardianships and alternatives to guardianship for persons who have physical disabilities or who are incapacitated.

OH HB1837

Relating to guardianships and alternatives to guardianship for persons who have physical disabilities or who are incapacitated.

OH HB540

Relative to supported decision-making as an alternative to guardianship.

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NJ A937

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NJ A601

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NJ S1082

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Provides a plan to rebalance State resources to provide community services and supports for persons with developmental disabilities.