H.B. 500 Summary

• Every adult in Ohio has the right to visit with, and receive mail and telephone or electronic communications from, whomever they choose, unless a court has specifically ordered otherwise.

• Spouses, adult children, adult grandchildren, parents, adult siblings, or other interested persons with a significant ongoing relationship based on strong affection may petition probate court for reasonable visitation with an incompetent person or ward.

• A rebuttable presumption exists that visitation from specified family members or interested persons is in the best interest of the incompetent or ward, with the burden on others to prove by clear and convincing evidence that visitation would cause physical or financial harm or be harmful to physical or mental health.

• Petitions must specify that the petitioner is a qualified person, that visitation has been unreasonably interfered with or denied, and identify who interfered with or denied the visitation.

• Probate courts may impose reasonable restrictions on visits, assess costs and attorney's fees against bad faith petitioners or parties that unjustifiably deny visitation, but shall not assess costs or sanctions against the incompetent or ward subject to the petition.