In re Guardianship of Baker

Citations

• 2021 Ohio 3692

Syllabus

Appellants filed a motion in the probate court to vacate the guardianship of the ward, arguing that the guardian had failed to provide notice to the ward's next of kin. Appellants also sought Civ.R. 60(B) relief. An abuse of discretion is not demonstrated in the probate court's denial of appellants' motion. At the time the guardian applied for the guardianship, he was unaware of the ward's next of kin. Regarding Civ.R. 60(B)(5), appellants failed to demonstrate that they had a meritorious defense to present, since the guardian complied with the notice statute. In the absence of operative facts, appellants were not entitled to a hearing. Judgment affirmed.