Court Takes Action, Seeks Comment on Probate Forms
The Ohio Supreme Court has taken action on proposed amendments to several forms used in the state’s probate courts.
The Supreme Court justices have approved amendments to the standard probate form concerning the Medicaid Estate Recovery Program. New Form 7.0(A) (Notice to Administrator of Medicaid Estate Recovery) would be used by the estate administrator to notify the administrator of the Medicaid Estate Recovery Program of the receipt of Medicaid benefits. 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.
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, the forms have been in use since June 1.
The Supreme Court is also taking public comment until July 9 on proposed amendments to new and existing probate forms.
The following existing probate court form would be revised under the proposed amendments:
- 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.
The following are proposed new probate court forms:
- 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
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