Does ‘Next of Kin’ Who Did Not Seek Guardianship Have Standing to Appeal Appointment of Guardian?
In the Matter of the Guardianship of Alice I. Richardson, An Incompetent, Case no. 2007-1546 2nd District Court of Appeals (Montgomery County) ISSUE: Under the Ohio statutes that govern the appointment of a guardian for an adult who has been adjudged incompetent, does a “next of kin” who is legally entitled to be notified when another person applies for guardianship of her mother, but who did not enter a competing application to be appointed guardian, have legal standing to appeal a court order appointing another person as guardian for the mother? BACKGROUND: This case involves a legal dispute between the adult children of an elderly woman, Alice Richardson, over where their mother should live and which of them should serve as her guardian. While a number of legal issues have been raised in the case, the Supreme Court has agreed to review only a specific ruling by the 2nd District Court of Appeals holding that one of Mrs. Richardson’s daughters, Norma Leach, had legal standing to file