In re Guardianship of Marks

Citations

• 2022 Ohio 2495

Syllabus

Guardianship abuse of discretion clear and convincing evidence Evid.R. 602 Evid.R. 701 personal knowledge R.C. 2111.02(C)(7) rights of the alleged incompetent person. The trial court did not abuse its discretion when it awarded guardianship to a professional guardian rather than the ward's mother. The court heard testimony that the alleged incompetent person was diagnosed with autism and had \very high needs.\ Further, the court heard that he was making progress in his current residential placement and if the mother was awarded guardianship she would remove him from that placement and move him into her home where the ward would not have the benefit of staff, socialization, or access to services that come with a professional guardian. Further, the trial court did not err in allowing a representative of the professional guardianship organization to testify within his personal knowledge of his experience as a representative for adults with developmental disabilities. Judgment affirmed.