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IN RE GUARDIANSHIP OF SPANGLER

No. 2009-0121.

126 Ohio St.3d 339 (2010)

2010-Ohio-2471

IN RE GUARDIANSHIP OF SPANGLER.

Supreme Court of Ohio.

Decided June 9, 2010.

Attorney(s) appearing for the Case

David P. Joyce , Geauga County Prosecuting Attorney, and J.A. Miedema , Assistant Prosecuting Attorney; and Hickman & Lowder Co., L.P.A., Franklin J. Hickman , and Judith C. Saltzman , for appellant Geauga County Board of Developmental Disabilities.

Ohio Legal Rights Service, Derek S. Hamalian , Jason C. Boylan , and Kerstin Sjoberg-Witt , for appellee John Spangler.

Law Office of Pamela Walker Makowski and Pamela Walker Makowski , for appellees Joseph and Gabriele Spangler.

Richard Cordray , Attorney General, Benjamin C. Mizer , Solicitor General, David M. Lieberman , Deputy Solicitor General, and Elizabeth G. Hartnett , Assistant Attorney General, urging reversal for amicus curiae state of Ohio.

Shane Egan , urging reversal for amicus curiae Advocacy and Protective Services, Inc.

LANZINGER, J.

{¶ 1} In this case we are asked to determine whether a county board of developmental disabilities has the statutory authority and standing to file a motion to remove a guardian of an incompetent adult. We hold that county boards of developmental disabilities have not been granted the express or implied authority to file a motion to remove the guardian of an incompetent adult; however, the probate court, with its plenary...

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