OLRS challenges Probate Court removal of parents as individual's guardian
The Ohio Legal Rights Service (OLRS) appealed a Probate Court's removal of an individual's parents as his guardians, and the appointment of Advocacy and Protective Services, Inc. (APSI) as guardian. OLRS filed the appeal in Ohio's Eleventh District Court of Appeals on behalf of the individual, a 21-year-old man with multiple disabilities. The individual did not want APSI as his guardian, and wanted his father to be his guardian.
The Geauga County Board of Mental Retardation and Developmental Disabilities (GCBMRDD) asked the Probate Court, through an emergency ex parte motion, to remove the parents as guardians and appoint APSI as guardian. The Probate Court held a full hearing on the issue of the individual's guardianship. Representing the individual, OLRS asked the court to dismiss the GCBMRDD, arguing that Ohio statutory law does not give a service provider or program operator like the GCBMRDD authority to intervene in a guardianship case to remove a guardian.
The Probate Court denied OLRS' motion to dismiss the GCBMRDD, conducted a full hearing on the issue of the individual's guardianship, and removed the parents as guardians. The parents have also filed an appeal. The Appeals Court will decide the appeal following the submission of all briefs in the case. OLRS is currently negotiating with the client's Individual Service Plan team to increase visitation time with his family. For more information on the appeal filed by OLRS: OLRS' Brief of Appellant John Spangler (PDF file).
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