OLRS files merit brief supporting Court of Appeals decision in guardianship case

The Ohio Legal Rights Service (OLRS) filed a merit brief in the Supreme Court of Ohio in Spangler v. Geauga County Board of Developmental Disabilities, a case involving a guardianship dispute. The case is before the Court to determine whether the Eleventh District Court of Appeals correctly ruled that the Geauga County Board of Developmental Disabilities (GCBDD) lacked authority to seek the removal of the legal guardians of John Spangler. OLRS, in its brief, argues that the Court of Appeals had correctly decided the case. Read the Merit Brief of Appellee John Spangler (PDF file). See also the Supreme Court's docket of Case Information in the Matter of the Guardianship of John Spangler.

Case Background

In January 2009, OLRS won an appeal challenging the GCBDD's authority to move for removal of Spangler's parent guardians and appointment of Advocacy and Protective Service, Inc. (APSI) as guardian. OLRS filed the appeal in Ohio's Eleventh District Court of Appeals on behalf of Spangler, a young adult with multiple disabilities. He wanted his father rather than APSI as his guardian. On appeal, the Eleventh District held that GCBDD does not have standing, statutory authority or a statutory duty to intervene in a guardianship case to remove a guardian outside the purview of its statutorily-mandated functions. (Read the OLRS' appeal (PDF file) and the Eleventh District Court of Appeals decision (PDF file). The case was reversed and remanded to the probate court in which it originated. The Board appealed the decision to the Supreme Court of Ohio and a stay was granted.

This case is significant because it serves as an important step in the direction of imposing safeguards in probate court procedures to protect the rights of individuals subject to guardianship.

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Article posted September 21, 2009