In re Nauth
2016 Ohio 5089
Ohio Ct. App.2016Background
- Marie Nauth is the wife of Loren Nauth, who developed Alzheimer’s; a third‑party guardian was appointed over Loren after family disputes about visitation and care.
- Loren’s adult children opposed Marie serving as guardian and the parties agreed to a neutral guardian appointed by the probate court.
- Marie later filed a motion to terminate the guardianship (and alternatively to substitute the guardian), asserting dissatisfaction with the guardian’s responsiveness and treatment decisions.
- At the start of the hearing Marie clarified she sought only termination of the guardianship (not removal/substitution of the current guardian). The probate court proceeded on that limited basis.
- The probate court found Loren remained incompetent and in need of a guardian, concluded prior powers of attorney were insufficient, and denied Marie’s motion. Marie appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether guardianship must be terminated under R.C. 2111.47 because necessity no longer exists | Nauth: guardianship no longer necessary; seeks termination | Guardian/estate: Loren remains incompetent and needs a guardian | Court: affirmed denial — record supports conclusion Loren remains incompetent and needs a guardian |
| Whether probate court abused discretion or acted with bias in denying termination | Nauth: court was arbitrary, biased, misweighed credibility, and relied on unsupported evidence | Guardian/children: court’s credibility findings and factual conclusions reasonable based on evidence presented | Court: arguments undeveloped; no abuse of discretion shown; second assignment overruled |
Key Cases Cited
- In re Guardianship of Allen, 50 Ohio St.3d 142 (Ohio 1990) (standard for reviewing probate court decisions on guardianship termination and manifest-weight review)
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (explains manifest-weight standard for appellate review of factual findings)
- In re Guardianship of Thomas, 148 Ohio App.3d 11 (10th Dist. 2002) (frames inquiry as whether individual is presently incompetent and in need of a guardian)