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September 24, 2007

Ohio Probate Court Jurisdiction Ceases at Age 18 in Guardianship Case

Last week, the Ohio Supreme Court held in In re Guardianship of Hollins that Probate Court jurisdiction ceases when the ward in a guardianship case turns 18. The Court concluded that reaching the age of majority also terminates a guardian's power over a ward. This decision directly prohibited the Cuyahoga County Probate Court from approving a medical malpractice settlement because the ward turned 18 two (2) days before the Probate Court's order was journalized. Click here to read the Ohio Supreme Court's press release.