Ohio Code 5126.043 – Decisions by individuals with developmental disabilities; authorization for decision by adult; decisions by guardian
(A) Unless a guardian has been appointed for the individual, when a decision regarding receipt of a service or participation in a program provided for or funded under this chapter or Chapter 5123. or 5124. of the Revised Code by an individual with a developmental disability must be made, the individual shall be permitted to make the decision. The individual may obtain support and guidance from an adult family member or other person, but doing so does not affect the right of the individual to make the decision.
Terms Used In Ohio Code 5126.043
- adult: means an individual who is eighteen years of age or over and not enrolled in a program or service under Chapter 3323 of the Revised Code and an individual sixteen or seventeen years of age who is eligible for adult services under rules adopted by the director of developmental disabilities pursuant to Chapter 119 of the Revised Code. See Ohio Code 5126.01
- Developmental disability: includes intellectual disability. See Ohio Code 5126.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(B) An individual with a developmental disability may authorize an adult to make a decision described in division (A) of this section on the individual’s behalf, as long as the adult does not have a financial interest in the decision. The authorization shall be made in writing.
(C) If a guardian has been appointed for an individual with a developmental disability, the guardian shall make any decision described in division (A) of this section on behalf of the individual. This section does not require appointment of a guardian.
(D) Individuals with developmental disabilities, including those who have been adjudicated incompetent pursuant to Chapter 2111 of the Revised Code, have the right to participate in decisions that affect their lives and to have their needs, desires, and preferences considered. An adult or guardian who makes a decision pursuant to division (B) or (C) of this section shall make a decision that is in the best interests of the individual on whose behalf the decision is made and that is consistent with the needs, desires, and preferences of that individual.
Last updated May 14, 2021 at 2:26 PM