Current Services

APSI provides the following types of protective services: guardianship, trusteeship, protectorship, conservatorship, and technical Assistance.

The agency divides the state into six regions. Each of the six regions is coordinated by a regional program director.

APSI employs Protective Services Representatives (PSRs) who directly support individuals with developmental disabilities. Protective service representatives report to one of the six (6) regional program directors who, in turn, report to the central office in Columbus. The numbers of individuals served across the regions varies.

The agency has two Assistant Program Directors in the central office to assist Regional Program Directors and PSRs with issues related to individuals served with a dual diagnosis, involvement with the criminal justice system and other system issues. Certain key training activities are centralized to ensure uniformity throughout the agency.

APSI has two full-time and three part-time medical specialists to assist with staff in priority consent for medical treatment. APSI maintains a 24 hour/7 days per week on-call system for timely responses to emergency situations by providing informed consent. APSI's medical consent process is tiered, with PSRs having authority to make decisions to a certain point. As medical treatment becomes invasive, authorization must be obtained from the medical specialist. For more invasive interventions, there is a three-member management committee to authorize decisions. APSI also contracts with a physician who can advise the agency on medical best practice.

APSI maintains an attorney on staff to represent the agency in guardianship or trustee hearings when required. Legal assistance is provided to staff on a variety of issues related to services provided. The attorney also represents the agency at due process hearings regarding termination or denials of services.

APSI's trustee services are provided in a joint effort between local staff and account services in the central office. All checks are issued in the central office based on budgets developed by PSRs in the field office. PSR's ensure that the needs of the individual are being met and funds are expended appropriately.

Guardianship of the Person
Guardianship of the person gives the authority to make all day to day decisions of a more personal nature (that is all decisions except financial decisions) on behalf of the ward. For the probate court to grant full guardianship-the most comprehensive type- the court must determine that the person is incompetent. APSI provides informed consent to caregivers for the individual to receive services, supports and treatment, in such areas as medical treatment, behavior support, medications, dental treatment, residential and or work placements. APSI staff advocate for the least restrictive living option, including necessary supports to enhance the individual's quality of life and best interest.

Limited Guardianship
Limited guardianship allows a probate court to appoint a guardian only over the portion of the individual's life where he or she is both incompetent and has a need. The guardian has authority for specific areas and possibly for a limited time. For example, a limited guardianship may be created for medical purposes or for placement decisions, or to approve behavioral supports. When APSI is appointed as limited guardian for an individual, informed consent is provided only in the specific area of authority and or for a specific duration of time.

Emergency Guardianship
The probate court may appoint an emergency guardian for a short period of time without a hearing if there is a reasonable certainty that immediate action must be taken to prevent significant injury to the individual. Generally the powers of the emergency guardianship are limited and the appointment occurs in situations where immediate medical treatment is needed or in cases of abuse, neglect or exploitation.

In cases where immediate action is required to prevent significant injury, you may contact the probate court to request an emergency guardian pursuant to Ohio Revised Code Section 2111.02 (A) (3). APSI cannot make this request for you, but if the court agrees with you that an emergency guardianship is necessary, APSI will accept the court's appointment as emergency guardian.

Protectorship
A protectorship is a voluntary agreement between an individual and APSI or as assigned by the probate court. Protectorships are tailored to the individuals specific need. There is no legal determination of incompetence with a protectorship as there is with guardianship. APSI enters into protectorship agreements with individuals and will assist the individuals in decision making with a specific purpose and duration of time.

Trusteeship
The probate court may appoint APSI to serve as a trustee if there is evidence that the individual is unable to manage his or her funds. There is no legal determination of incompetence with a trusteeship. APSI will collaborate with the individual and their service providers to budget and expend funds to meet basic needs. APSI provides management and accounting for the individual's benefits when there is evidence that the individual has been chronically exploited or unable to manage funds independently, and have no suitable payee.

Definitions of the Ohio Revised Code

5123.55 Protective services definitions.

As used in sections 5123.55 to 5123.59 of the Revised Code:

1. "Guardian" means a guardian of the person, limited guardian, interim guardian, or emergency guardian pursuant to appointment by the probate court under Chapter 2111. Of the Revised Code.
2. "Trustee" means a trustee appointed by and accountable to the probate court, in lieu of a guardian and without a judicial determination of incompetency, with respect to an estate of ten thousand dollars or less.
3. "Protector" means an agency under contract with the department of developmental disabilities acting with or without court appointment to provide guidance, service, and encouragement in the development of maximum self reliance to a person with a developmental disability, independent of any determination of incompetency.
4. "Protective service" means performance of the duties of a guardian, trustee, or conservator, or acting as a protector, with respect to a person with a developmental disability.
5. "Conservator" means a conservator of the person pursuant to an appointment by a probate court under Chapter 2111. of the Revised Code.