Ohio § 2111.49

§ 2111.49.

(A)(1) Subject to division (A)(3) of this section, the guardian of an incompetent person

shall file a guardian's report with the court two years after the date of the issuance

of the guardian's letters of appointment and biennially after that time, or at any

other time upon the motion or a rule of the probate court.  The report shall be in a form prescribed by the court and shall include all of the

following. (a) The present address of the place of residence of the ward; (b) The present address of the guardian; (c) If the place of residence of the ward is not the ward's personal home, the name of

the facility at which the ward resides and the name of the person responsible for

the ward's care; (d) The approximate number of times during the period covered by the report that the

guardian has had contact with the ward, the nature of those contacts, and the date

that the ward was last seen by the guardian; (e) Any major changes in the physical or mental condition of the ward observed by the

guardian; (f) The opinion of the guardian as to the necessity for the continuation of the guardianship; (g) The opinion of the guardian as to the adequacy of the present care of the ward; (h) The date that the ward was last examined or otherwise seen by a physician, clinical

nurse specialist, or certified nurse practitioner and the purpose of that visit; (i) A statement by a licensed physician, licensed clinical nurse specialist, licensed

certified nurse practitioner, licensed clinical psychologist, licensed independent

social worker, licensed professional clinical counselor, or developmental disability

team that has evaluated or examined the ward within three months prior to the date

of the report as to the need for continuing the guardianship. (2) The court shall review a report filed pursuant to division (A)(1) of this section

to determine if a continued necessity for the guardianship exists.  The court may direct a probate court investigator to verify aspects of the report. (3) Division (A)(1) of this section applies to guardians appointed prior to, as well

as on or after, the effective date of this section.  A guardian appointed prior to that date shall file the first report in accordance

with any applicable court rule or motion, or, in the absence of such a rule or motion,

upon the next occurring date on which a report would have been due if division (A)(1)

of this section had been in effect on the date of appointment as guardian, and shall

file all subsequently due reports biennially after that time. (B) If, upon review of any report required by division (A)(1) of this section, the court

finds that it is necessary to intervene in a guardianship, the court shall take any

action that it determines is necessary, including, but not limited to, terminating

or modifying the guardianship. (C) Except as provided in this division, for any guardianship, upon written request by

the ward, the ward's attorney, or any other interested party made at any time after

the expiration of one hundred twenty days from the date of the original appointment

of the guardian, a hearing shall be held in accordance with section 2111.02 of the Revised Code to evaluate the continued necessity of the guardianship.  Upon written request, the court shall conduct a minimum of one hearing under this

division in the calendar year in which the guardian was appointed, and upon written

request, shall conduct a minimum of one hearing in each of the following calendar

years.  Upon its own motion or upon written request, the court may, in its discretion, conduct

a hearing within the first one hundred twenty days after appointment of the guardian

or conduct more than one hearing in a calendar year.  If the ward alleges competence, the burden of proving incompetence shall be upon

the applicant for guardianship or the guardian, by clear and convincing evidence.