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Guardianship Proceedings in Ohio

February 11, 2020, by Daniel McGowan, on Probate Law and Procedure |

A recent guardianship case from Lorain County Ohio highlights the importance of family members fighting for the rights to protect their elderly and vulnerable loved ones. The Court of Appeals relied upon the Ohio Supreme Court's prior holding in a similar case wherein it stated that "the creation of a guardianship is a signficant event, and family, friends, or even concerned neighbors could all potentially be affected by the outcome of a guardianship proceeding."  Therefore, the law recognizes that there are circumstances in which the next of kin can, and should, intervene as a matter of right in a guardianship proceeding in order to, among other things:

  • Gain access to the guardianship file
  • Obtain visitation with the Ward 
  • Obtain and evaluate the Ward's records
  • Obtain and review probate court filings
  • Obtain and review financial records relating to the guardianship
  • Request evidentiary hearings on matters that affect the family members' best interests.

The opinion can be read here.