In the Matter of Rich, Unpublished Decision (11-17-2000)

OPINION

Appellant, Anthony D. Rich, appeals the August 17, 1999 judgment entry of the probate division of the Ashtabula County Court of Common Pleas appointing appellee, Robert McNair, as guardian of appellant's estate.

Appellant is eighty-two years old. He resides with his wife, Celia, who is incompetent and dependent on others for her care. Appellant has been and continues to be her primary care giver.

In 1997, appellant's son, Robert Rich ("Robert"), used a power of attorney executed by Celia to withdraw $14,329 from a bank account that appellant held jointly with his wife. Robert used that…