The Ohio Supreme Court asks for public comments on a proposed amendment that would create alternative dispute resolution (ADR) as an option in settling family matters within the state’s probate courts.

Currently, there is no rule governing eldercaring coordination. As a result, adult siblings have problems making decisions on behalf of aging parents, which can result in heated legal battles.

Under proposed Rule 79 of the Rules of Superintendence for the Courts of Ohio, courts would have discretion to use ADR in disputes in which high conflict family dynamics interfere with the well-being and safety of the elder, limit adherence to court orders, impede court processes, and detract from the efficacy of guardianship and other appointments by the court.

Dispute resolution options in probate court are anticipated to become even more relevant since the number of baby boomers reaching 65 years of age will double from 2008 to 2030.

Comments to the proposed amendment should be submitted in writing or via email by Aug. 15 to:

Catherine Geyer
Dispute Resolutions Programs Manager
Ohio Supreme Court
65 South Front St., 6th Floor
Columbus, OH 43215 or
ProbateADRComments@sc.ohio.gov

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