In honor of Guardianship Awareness Month, LMM had the opportunity to interview Anne M. McCafferty, Magistrate and Director of Guardianship & Adoption Services with the Cuyahoga County Court of Common Pleas, who reflected on her experience as a Magistrate, the role of guardianship in the community, and more. This interview offers an expert’s insight into the guardianship process from the perspective of the court and the continued need for guardianship as Ohio’s population ages.
Q: Describe the role of the court in the guardianship process, starting with when the court is notified and how, and what happens before LMM comes into the picture.
A: The Probate Court is responsible for hearing applications for guardianship of incompetent adults and minor children. The Court becomes aware of the need for guardianship when an application is filed in the Probate Court Clerk’s Office. Applications are then set for hearing with a Magistrate or Judge, and a Court Investigator is assigned to personally serve notice of the hearing on the proposed incompetent adult. The Court must thereafter determine whether the individual is an adult incompetent in need of a guardian. If a guardianship is established, the Court serves as the superior guardian, overseeing all aspects of the case.
Q: How does the court then intersect with LMM?
A: LMM may be the original applicant for guardianship, having received a referral from a nursing facility, hospital, Adult Protective Services, or another source. Alternatively, the Court may make a referral to LMM to file an application for guardianship in a case where the Court finds that there is no one available or suitable to serve as guardian and such an appointment is necessary. This could be the result of a vacancy in the guardianship; the removal of a guardian; or a finding that an applicant for guardianship is not an appropriate choice. The Court also works directly with LMM guardians to ensure that the Ward’s medical, placement, and financial needs are being met.
Q: How long have you been a magistrate, and why do you get fulfillment in this type of work as it relates to guardianship?
I have been a magistrate for eight years. I began my career at the Cuyahoga County Probate Court in 2011 as an extern while in law school, then served as a Staff Attorney before being appointed as a magistrate in the Psychiatric Department in 2016. I transitioned to the Guardianship and Adoption Department of the Court in 2017 and became its Director in May 2023. I am honored to serve in a capacity which has such a direct impact on those in our community who require the help of an appointed guardian. This work makes a difference in a clear and substantial way, and it is incredibly fulfilling to see someone who did not otherwise have a voice gain an advocate.
Q: Why is the role of guardianship important in the lives of vulnerable adults?
A: The guardianship process can be essential in aiding vulnerable adults who have no ability to independently access appropriate medical care, housing, services and benefits. Many of these individuals do not have family to serve as a support system, or they are unable to communicate or arrange for their own needs to be satisfied. A guardian can ensure that an incompetent adult is afforded a way to live with dignity.
Q: Explain why, as a magistrate, you put your faith in the hands of LMM’s guardians.
A: LMM fills a much-needed role in serving those in our community who have limited resources and support. Being a guardian is not without its challenges, but as a magistrate it is reassuring to know that LMM guardians have committed themselves to assisting this population and truly have their well-being at heart.
