In re Guardianship Austin
2016 Ohio 667
Ohio Ct. App.2016Background
- Ward Austin Sr. suffered a massive stroke in 2012 and was found incompetent; the ward is 82 years old.
- Austin Jr. previously acted as attorney-in-fact under a 2004 power of attorney, and a 2006 Georgia power of attorney naming Austin Jr. as principal exists but its survival upon disability is unclear.
- August 2013: another son, Thomas A. Austin, was appointed guardian of the person and estate.
- July 31, 2014: Austin Jr. moved to remove the guardian, asserting lesser restrictive alternatives and his power of attorney; guardian sought removal/admission to hospital.
- October 22, 2014: magistrate held hearings; concluded an investigation into Austin Jr.’s powers was needed and that the 2006 POA was invalid due to the disability; 2004 POA was invalid as a health care POA for lacking required language; magistrate found guardianship necessary.
- July 30, 2015: probate court adopted magistrate’s decision and continued guardianship, after overruling objections and noting a transcript had been filed, and ordered an investigation into Austin Jr.’s use of POA powers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there exists a lesser restrictive alternative to guardianship. | Austin Jr. contends lesser alternatives exist. | Court found no workable lesser alternative. | No lesser restrictive alternative exists. |
| Whether the guardian and witnesses’ testimony were properly considered and not misrepresented. | Austin Jr. claims the guardian and witnesses provided false testimony. | Record shows no improper testimony or exclusion of evidence. | No reversible error in handling testimony. |
| Whether the magistrate appropriately weighed the evidence and testimony of Austin Jr. against the ward’s needs. | Austin Jr. asserts his testimony and evidence were ignored. | Magistrate limited testimony to relevant matters and properly weighed evidence. | Court did not abuse discretion in weighing evidence. |
Key Cases Cited
- In re Guardianship of Duffy, 10th Dist. No. 88AP-600 (Ohio 1989) (abuse-of-discretion standard for guardianship decisions (Ohio))
- In re Guardianship of Cohodes, 2015-Ohio-2532 (Ohio 2015) (standard for review of guardianship decisions)
- In re Guardianship of Snyder, 2010-Ohio-3899 (Ohio 2010) (abuse-of-discretion review in guardianships)
- In re Guardianship of Weingart, 2002-Ohio-38 (Ohio 2002) (guardian decision must serve ward’s best interests)
- In re Guardianship Lindsey, 2015-Ohio-4235 (Ohio 2015) (supports guardianship-type review framework)
- Lombardo v. Lombardo, 86 Ohio St.3d 600 (Ohio 1999) (ward-management duties and probate court authority)