Probate court allowed to consider an adult ward's wishes as to who is allowed visitation

In re Guardianship of Basista, 11th Dist. No. 2013-G-3140, 2014-Ohio-1349. After being denied visitation following his mentally-disabled child reaching the age of majority, the ward's father appealed the probate court's decision and asserted that he had an absolute right of visitation as the ward's parent. Finding no authority to grant ward's father an absolute right to visitation, the 11th District Ohio Court of Appeals found that the probate court properly exercised its discretion in considering an independent report from a guardian ad litem and conducting an in camera interview with the ward herself. While the appellate court recognized that the father could argue that he was denied due process without an opportunity to cross examine the guardian ad litem and present evidence in support of his visitation, it upheld the probate court's discretionary finding that the ward had capacity to express her desire that her father not visit. Accordingly, the appellate court held that the probate court took the proper precautions to ensure that the ward was capable of expressing her desires as to visitation and that it was not required to consider the father's assessment of the ward's capabilities.