Ohio Supreme Court extends right to counsel to guardianship review cases

01/01/2012, Legislation, Guardianship/Conservatorship of Adults - Ward

In State of Ohio v. McQueen, 986 N.E.2d 925 (Ohio 2013), the Ohio Supreme Court considered whether a person subjected to a guardianship has a right to appointed counsel in the guardianship review proceedings as a matter of statutory interpretation. The Ohio Court of Appeals ruled in the negative, but was reversed by the Ohio Supreme Court.  The high court held it was clear that the right to counsel in Ohio Rev. Code Ann. § 2111.02(C)(7)(d) for guardianship establishment proceedings extended to review proceedings, since Ohio Rev. Code Ann § Ann. § 2111.49(C) states that guardianship review proceedings must be held “in accordance” with § 2111.02.

 

To read more about this case, check out the comprehensive bibliography entry on McQueen.

 

Nccrc_involvement_icon The NCCRC helped petitioners with legal research and briefing for the Ohio Supreme Court case.