Legal Opinion

In re Guardianship of Spangler

Ohio Supreme Court

Decided June 9, 2010No. 2009-0121PublishedCited by 26 opinions

1Opinion of the CourtLanzinger, J.

{¶ 1} In this case we are asked to determine whether a county board of developmental disabilities has the statutory authority and standing to file a motion to remove a guardian of an incompetent adult. We hold that county boards of developmental disabilities have not been granted the express or implied authority to file a motion to remove the guardian of an incompetent adult; however, the probate court, with its plenary authority as the superior guardian, may upon notice from a county board of developmental disabilities conduct proceedings to remove a guardian. We, therefore, affirm in part,…

2Cases cited5 opinions

  1. Corron v. CorronOhio Supreme Court · 1988
  2. D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of HealthOhio Supreme Court · 2002
  3. Burger Brewing Co. v. ThomasOhio Supreme Court · 1975
  4. In re Guardianship of HollinsOhio Supreme Court · 2007
  5. In re Guardianship of SantrucekOhio Supreme Court · 2008

3Cited by26 opinions

  1. In Re the GUARDIANSHIP OF Jeffers J. TSCHUMY, WardSupreme Court of Minnesota · 2014
  2. State ex rel. Reynolds v. KirbyOhio Supreme Court · 2023
  3. Northeast Ohio Regional Sewer Dist. v. Bath Twp.Ohio Court of Appeals · 2013
  4. Kormanik v. CooperOhio Court of Appeals · 2011
  5. Art v. ErwinOhio Court of Appeals · 2011

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