IN RE GUARDIANSHIP OF LOMBARDO

No. 98-1807.

86 Ohio St.3d 600 (1999)

IN RE GUARDIANSHIP OF LOMBARDO.

Supreme Court of Ohio.

Decided September 29, 1999.


Attorney(s) appearing for the Case

Nicola, Gudbranson & Cooper L.L.C. and John D. Sayre, for appellee Carl Lombardo.

Martindale, Brzytwa & Quick L.L.C., E. John Brzytwa, Daniel F. Petticord and Richard J. Scislowski; and John A. Marksz, for appellant Sam Lombardo.

Eugene P. Whetzel; Stark & Knoll Co., L.P.A., and Michael L. Stark, urging reversal for amicus curiae, Ohio State Bar Association.


LUNDBERG STRATTON, J.

The primary issue before this court is whether a probate court, purportedly acting in the best interest of a ward, has the authority to order the guardian of the ward's estate to revoke an irrevocable voting trust executed by the ward prior to her incompetency pursuant to R.C. 1701.49.

The probate court found that, pursuant to its statutorily appointed role as superior guardian to any ward...

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