Guardianship Dispute

In re: Guardianship of Mollie Florkey, Highland App. No. 07CA22, 2008-Ohio-4994. Probate court denied sister's application to be appointed guardian and instead appointed brother based upon the fact that he was nominated in ward's durable power of attorney and because brother was found competent, suitable and willing to accept an appointment. In affirming the probate court ruling, court of appeals also concluded that the sister was not entitled to counsel in a civil proceeding and therefore cannot argue ineffective assistance of counsel and further because sister's interests were not aligned with ward's interests, she could not assert that the ward was denied the constitutionally right of effective assistance of counsel.