584 N.E.2d 1389 (Ohio Prob. 1991), 145869, In re Guardianship of McInnis

Docket Nº:145869.
Citation:584 N.E.2d 1389, 61 Ohio Misc.2d 790
Opinion Judge:R.R. DENNY CLUNK, Judge.
Party Name:In re GUARDIANSHIP OF McINNIS.
Attorney:Buckingham, Doolittle & Burroughs Co., L.P.A., and Joseph J. Feltes, Canton, for Lela A. McInnis.
Case Date:November 01, 1991
Court:County Court of Ohio
 
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Page 1389

584 N.E.2d 1389 (Ohio Prob. 1991)

61 Ohio Misc.2d 790

In re GUARDIANSHIP OF McINNIS.

No. 145869.

Probate Court of Stark County, Ohio.

November 1, 1991

Page 1390

[61 OhioMisc.2d 791] Buckingham, Doolittle & Burroughs Co., L.P.A., and Joseph J. Feltes, Canton, for Lela A. McInnis.

R.R. DENNY CLUNK, Judge.

This matter came on for hearing before the court on November 1, 1991 on the application of Lela A. McInnis for appointment of guardian of Malcolm McInnis, an alleged incompetent. It was recited in the application that the prospective ward was "comatose due to pontine hemorrhage."

Following an evidentiary hearing the court issued a judgment entry appointing Lela A. McInnis, guardian of the person of Malcolm McInnis, on the basis that the ward was an "incompetent person" within the definition of R.C. 2111.01(D), to wit: mentally impaired as a result of a physical illness. It was initially indicated to the court that the underlying reason for the appointment of the guardian was for the purpose for allowing the guardian to discontinue life-sustaining treatment, if necessary.

It is the opinion of this court that the spouse, individually and without the intervention of the court, without the appointment of a guardian, has such authority under the common law. However, the ward did qualify for the appointment of a guardian and the guardian of the person has authority to...

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