In Matter of Salaben, 2008-A-0037 (12-31-2008)

{¶ 113} The proceedings in the present case have been fundamentally flawed beginning with the magistrate's conduct of the trial and continuing through the majority's decision. Both the probate court and the majority misrepresent the issue as to whether Adult Protective Services is a suitable guardian for Christopher, rather than whether removal would be in Christopher's best interests. By focusing solely on Adult Protective Services' suitability, the probate court excluded relevant evidence regarding Christopher's best interests. Moreover, the magistrate's conduct of the trial raises the…