Appeal of Guardianship Ruling After Ward's Death

In re: Guardianship of Crandall, Green App. 2007 CA 45, 2008-Ohio-3479. A probate court granted an application for the appointment of an emergency guardian for a ward and subsequently extended the emergency guardianship for an additional 30 days. Several other court orders ensued while applications for guardianship were pending. The ward died before a final guardianship determination was made. An appeal was taken of the order granting an emergency guardianship on the basis that, while it was technically moot, due to the fact that a guardianship terminates upon the death of a ward, it presented a matter of great public importance to be resolved. The court of Appeals ruled that the appeal was frivolous and as a result the appellant had to pay the attorneys fees of the appellee's lawyer. This case was successfully litigated by Reminger Co. LPA.