Tuesday, June 10, 2014

Revised Ohio Probate Forms

   The Ohio Supreme Court yesterday morning announced  it has approved amendments to New Form 7.0(A) (Notice to Administrator of Medicaid Estate Recovery) with language added due to public comment that makes it clear the forms should be filed with the Ohio Attorney General’s Office, which administers the Medicaid Estate Recovery Program in Ohio, and in use since June 1. Updated Form 7.0 (Certification of Notice to Administrator of Medicaid Estate Recovery) would then be used by the estate administrator to notify the probate court that Form 7.0(A) has been filed.

 The Court is also taking public comment until July 9 on a proposed amendment to three  new and one existing probate forms:

Form 14 (Application to Approve Settlement and Distribution of Wrongful Death and Survival Claims) would be amended to include a check box allowing the practitioner to address any outstanding hospital or medical bills and indicate that an itemized statement is attached, and “other” checkbox and line to address any additional items the probate court may need to consider in determining the approval of the settlement.

Form 22. 5 (Application to Settle a Claim of an Adult Ward) would be a new standard probate form that practitioners may use when submitting an application for the settlement of a claim in favor of or against an adult ward pursuant to R.C. 2111.18 (claims for injury to a ward or damage to property; settlement) and Superintendence Rule 69 (settlement of claims of or against adult wards).
Form 22.6 (Entry Approve Settlement of a Claim of an Adult Ward) would serve as the order issued by the probate court to approve the settlement of a claim of an adult ward.
Form 22.7 (Report of Distribution) may be used by practitioners to provide the probate court with a breakdown of the distribution of the settlement proceeds and to confirm compliance with the court order approving the settlement of the claim of the adult ward.

  Comments should be submitted in writing to:
John VanNorman, Senior Policy and Research Counsel
 Ohio Supreme Court
 65 South Front Street, Seventh Floor Columbus, OH 43215

Text of language of the new and revised forms.

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