Guardianship of Edema Cardine Carpenter, Third Appellate District, Marion County, 2016-Ohio-3389. This case stands for the proposition that, even though a person has been determined incompetent and a guardian appointed over him or her, the Ward retains certain rights, including those to have their personal opinions considered, to speak privately with an attorney or another advocate, to petition the Court to modify guardianship, and to bring a grievance against the guardian. Additionally, when the guardian's interests are adverse to the Ward, the Court shall appoint a Guardian Ad Litem pursuant to Revised Code Section 2111.23. When award is denied due process to have his or her interest represented in a guardianship proceeding challenging the decision making of the guardian or otherwise seeking the modifier terminated guardianship, it is a violation of due process warranting reversal of a probate judge's decision in such a matter.
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