In re Guardianship of Bakhtiar, 2017 Ohio 8617

Fourough Bakhtiar was found incompetent and a contested guardianship was opened; multiple family members and attorneys sought various guardianship roles over her person and estate.
After years of disputes (including related divorce and other civil actions), Jaleh Presutto was appointed guardian of the person and Zachary Simonoff of the estate; the probate court stayed a final divorce hearing at times during the proceedings.
Fourough’s divorce from Mehdi Saghafi was finalized in October 2014; in May 2016 Fourough was moved to a nursing home and Siminoff (Simonoff) was appointed guardian of her person and estate.
On June 15, 2016, Mehdi filed a motion for visitation with Fourough; the guardian recommended denial and a hearing was set for September 22, 2016.
On September 12, 2016 the probate court summarily denied Mehdi’s motion for visitation without holding the scheduled hearing or providing an explanation.
Mehdi appealed, arguing the court abused its discretion by denying visitation without a hearing; the appellate court reversed and remanded for further proceedings to determine whether visitation is in the ward’s best interest.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the probate court abused its discretion by summarily denying Mehdi Saghafi’s motion for visitation without a hearing	Saghafi: denial without a hearing was error; he was entitled to a hearing to show visitation is in ward’s best interest	Guardian/probate court: (implicit) court has authority over visitation and may deny based on ward’s best interest; guardian recommended denial	Appellate court: summary denial without explanation was an abuse of discretion; reversed and remanded for the probate court to determine whether visitation is in the ward’s best interest and, if appropriate, hold a hearing

Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (defines abuse of discretion standard)