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· 3/18/2022

In re Guardianship of E.M.

Citations

  • 2022 Ohio 862

Syllabus

Where prior custody orders were issued as to the minor ward by a domestic relations court, and where appellant fails to timely object to a probate court's subsequent issuance of letters of guardianship the order is voidable, not void, and the jurisdiction issue may be waived. Further, in proceedings involving a minor ward, in determining whether good cause exists to terminate the guardianship the paramount right of a natural parent is relevant and must be considered.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • where North Dakota Supreme Court suspended lawyer from practice of law for drafting new will for incapacitated ward without first communicating with ward’s guardian where attorney knew of ward’s incapacity
  • no conflict alleged between ward and guardian, no adversary proceedings initiated by ward, no request for evidentiary hearing by ward or counsel on the outstanding motions, and no direct evidence of change in ward’s mental condition
  • judge may strike appearance of ward’s appointed attorney

Source: CourtListener parenthetical corpus (CC0).

Judges: Pietrykowski

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.