R.C. § 2109.50 Deemed Applicable Against Former Guardians

In re: Guardianship of Fred Van Dyke, 2d District Case No. 26465, 2015-Ohio-4202. The appellate court dismissed a former guardian's argument that the statutory action set forth in R.C. § 2109.50 was inapplicable because the former guardian did not conceal or embezzle any assets. Holding that the statute explicitly states that it applies in cases in which a person has conveyed away assets of the guardianship estate, the appellate court upheld that the former guardian was found guilty pursuant to R.C. § 2109.52. Additionally, the appellate court determined that the statutory penalty of 10% and all proceeding costs are not limited to court costs. All necessary costs to trace assets, reconstruct records, attorney fees, accounting fees, costs related to the prior guardian's actions in the estate administration, and the former guardian's failure to file a timely accounting were all determined to be valid costs to be assessed against the defendant.