Supreme Court of Ohio accepts appeal in guardianship case
The Supreme Court of Ohio will review an appeal in Spangler v. Geauga County Board of Mental Retardation and Developmental Disabilities. The Ohio Legal Rights Service (OLRS) filed a Memorandum Opposing Jurisdiction in March 2009, arguing that the Court of Appeals had correctly decided the case and therefore, there was no need for the Supreme Court of Ohio to review the decision.
In January, OLRS won an appeal challenging the Board's authority to move for removal of an individual's parent guardians and appointment of Advocacy and Protective Service, Inc. (APSI) as guardian. OLRS filed the appeal in Ohio's Eleventh District Court of Appeals on behalf of the individual, a 21-year-old man with multiple disabilities. The individual wanted his father rather than APSI as his guardian. On appeal, the Eleventh District held that the Board does not have standing, statutory authority, or a statutory duty to intervene in a guardianship case to remove a guardian outside the purview of its statutorily-mandated functions. (Read the OLRS' appeal (PDF file) and the Eleventh District Court of Appeals decision (PDF file). The case was reversed and remanded to the probate court in which it originated. The Board appealed the decision to the Supreme Court of Ohio and a stay was granted.
This case is significant because it serves as an important step in the direction of imposing safeguards in probate court procedures to protect the rights of individuals subject to guardianship.
Article originally posted January 7, 2009; Updated June 9, 2009
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