In re Guardianship of Bakhtiar
2016 Ohio 8199
Ohio Ct. App.2016Background
- Mehdi and Fourough Bakhtiar, married ~55 years, are elderly; Mehdi sought guardianship of Fourough alleging incompetence; other family members also sought guardianships and filed related suits.
- Probate court found Fourough incompetent, appointed interim guardians, and temporarily prohibited final divorce proceedings in Cuyahoga County.
- Following disputes and replacements of guardians, the probate court ultimately appointed Jaleh Presutto as guardian of Fourough’s person and Zachary Simonoff as guardian of her estate.
- The probate court reviewed a Guardian ad Litem report and briefs and ordered that the guardian could proceed in the domestic relations case to a final divorce decree.
- Mehdi appealed the probate court’s order, arguing the court erred by allowing a final divorce to proceed without a fresh capacity evaluation of Fourough.
- The Ninth District dismissed the appeal as moot because the Cuyahoga County Domestic Relations Court had already entered a final divorce decree; Judge Cannon dissented, arguing the issue was not moot and the probate court’s decision should be reviewed on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the probate court erred in authorizing the guardian to proceed to a final divorce without a new capacity evaluation of the ward | Saghafi: probate court abused discretion by allowing final divorce absent a recent capacity exam to determine Fourough’s competency to proceed | Guardian/Appellee: probate court reasonably relied on Guardian ad Litem and other evidence showing ward can express her wishes; fresh exam not required | Appeal dismissed as moot because the domestic relations court already entered a final divorce decree; court did not reach the merits |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (defines abuse of discretion standard)
- In re Guardianship of Derakhshan, 110 Ohio App.3d 190 (11th Dist. 1996) (discusses probate court authority over guardianships)
- State v. Marshall, 191 Ohio App.3d 444 (Ohio App. 2010) (distinguishes standards for guardianship incompetence and witness competency under Evid.R. 601)