In re Guardianship of Hoffman
2017 Ohio 8023
| Ohio Ct. App. | 2017Background
- Elizabeth H. Hoffman fell at home in summer 2016, lay undiscovered for days, was hospitalized and then placed in Kindred nursing/rehab for recovery.
- Kindred filed for an emergency guardianship over Hoffman’s person and estate in November 2016; expert psychiatric evaluations were attached to the petition.
- The probate court appointed M. Elizabeth Martindell as emergency guardian and held hearings on Nov. 18, 2016 and Jan. 18, 2017 to consider continuation of guardianship.
- Nursing‑home director Melissa Scott testified Hoffman's living conditions and behavior (hoarding, lack of utilities, repeated falls, refusal of meds, confusion, paranoia) made her unsafe outside institutional care.
- Hoffman testified at hearings, displayed confused/combative behavior, denied needing a guardian, and admitted prior brain injury; the court relied on medical evaluations diagnosing serious mental disorders and recommending guardianship.
- The probate court found clear and convincing evidence of incompetency and appointed Martindell as guardian; Hoffman appealed alleging the decision was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was clear and convincing evidence that Hoffman is presently incompetent and needs a guardian | Hoffman: evidence addressed past condition, not her present capacity; decision against manifest weight | Probate/Kindred: medical evaluations plus testimony about ongoing behavior and recent incidents show current incapacity | Court affirmed: competent, credible evidence (medical reports + testimony + court observation) satisfied clear and convincing standard |
Key Cases Cited
- Cross v. Ledford, 161 Ohio St. 469 (standard for clear and convincing evidence)
- Seasons Coal Co. v. City of Cleveland, 10 Ohio St.3d 77 (deference to trial court credibility findings)
- In re Guardianship of Thomas, 148 Ohio App.3d 11 (guardianship requires present incompetence)
- In re Guardianship of Miller, 187 Ohio App.3d 445 (trial court has broad discretion in appointing guardians)