Failure To Present Sufficient Medical Evidence for Termination Results in Continuation of Guardianship

In re: Guardianship of Pinkney, 8th Dist. Case No. 102577, 2015-Ohio-2709. The appellate court upheld the trial court's denial of the ward's motion to terminate her guardianship because the ward failed to present sufficient medical evidence to rebut the presumption of incompetency. At the two hearings, the ward's mother testified that the ward continued to need assistance with finances, medication, dental care, and housing. The expert evaluation also indicated that the ward suffered from severe mental illness, had a paranoid thought process, exercised poor judgment, refused to take her medication, and denied her illness. Because the ward could not provide any medical evidence indicating that the guardianship should be terminated and her statements at the hearings further evidenced the need for the guardianship to continue, the trial court's decision was upheld.