Non-Resident Next of Kin Allowed To Intervene in Guardianship Proceeding

In re: Guardianship of Terese Sweeney, 8th Dist. Case No. 103285, 2016-Ohio-3260. Ohio Supreme Court precedent requires a person to apply to be appointed guardian or intervene as a party to obtain standing to appeal. In this matter, the trial court denied an out-of-state sibling's motion to intervene in the ward's guardianship and set the matter for hearing to investigate various allegations against the guardian. After the probate court determined that the guardian should be allowed to continue in his fiduciary position, the siblings appealed. The Appellate Court determined that the denial of the sibling's motion to intervene had prejudiced her ability to pursue records in the guardianship proceeding. While being the ward's sibling does not confer party status, the sibling did have an interest in attempting to obtain the ward's medical records. As her status as a non-party impeded this interest, the appellate court held that the trial court had abused its discretion in denying the motion to intervene. Accordingly, the trial court was reversed and the matter was remanded.