Can guardians be employed by a provider agency and work directly with their wards?
If the guardian is a relative, the answer is yes as long as they are not considered “legally responsible relatives” as discussed earlier; however, each provider agency establishes its own policy or practice regarding this. If the guardian is a volunteer, the answer is no, he may not be employed by the provider agency who serves his ward (OAC 340:100-3-5.1). Exceptions may be granted in certain circumstances (see next Q&A for specific circumstances). This policy is in keeping with Section 4-105 of Title 30, which states, “In conducting an inquiry to determine whether a person is suitable to serve as a guardian, the court shall determine if…there exists a conflict of interest which would preclude or be substantially detrimental to the ability of the person to act in the best interest of the subject of the proceeding”. Because a guardian usually has the power to determine where a person resides and what services he receives, there exists a clear conflict of interest for a guardian who wor
