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GUARDIANSHIP - Incompetent ward; motion for removal of guardian of person; R.C. 2109.24; standard for removal; best interests of ward; present guardian can be removed if appointment of new guardian will benefit ward; guardian has no personal interest in position; probate court as superior guardian; manifest weight; authority of probate court to grant ex parte order of temporary removal; irreparable harm; notice requirement.
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OCTOBER TERM, 2002
Syllabus
WASHINGTON STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES ET AL. v. GUARDIANSHIP...
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Courts deal in winners and losers and are often ill-equipped to resolve issues involving warring siblings contesting the guardianship of their ailing or disabled parents.
Proponents of guardianship mediation say it offers an alternative that allows the siblings to vent what may be decades-long grievances and decide among themselves how the issues should be handled.
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Originally published in AKO Estate Planning & Tax Advisor Volume 10 Number 3, Autumn 2011
When a person becomes seriously incapacitated, there is of...
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"The ward has been under the power of a duly-appointed conservator continually since 1871. He is about 59 years old, and is a man of limited education...
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Appeal from order establishing guardianship of estate is rendered moot by trial courts subsequent order, pending the appeal, finding that ward was restored to competency and terminating the guardianship. Appeal dismissed. (Grady, P.J., concurring.)
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PROBATE - guardianship; final accounting; motion; surcharge; surety; investigation; guardian fees; subject matter jurisdiction; appointment; res judicata; real party of interest.
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This article presents third-year findings from the Illinois Subsidized Guardianship Waiver Demonstration. The study blends an experimental design to t...
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Probate court acted in movants best interests and did not abuse its discretion in appointing a guardian for movant and did not abuse its discretion in refusing to terminate the guardianship. Trial court did not abuse its discretion in refusing to order second independent expert evaluation where the request was untimely and record already contained medical evidence concerning ward. Guardians had not neglected duty to file account. Trial court properly denied movants request for recovery of attorneys fees from the guardianship estate where the ward lacked capacity to bind estate and fees were not necessities under test announced in In re Guardianship of Allen (1990), 50 Ohio St.3d 142, 552 N.E.2d 934.