Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Guardianship of Rosenberger

Court of Appeals of Ohio, Eleventh District, Lake

May 29, 2018

IN THE MATTER OF: THE GUARDIANSHIP OF NORMA ROSENBERGER, AN INCOMPETENT ADULT

          Civil Appeal from the Lake County Court of Common Pleas, Probate Division, Case No. 2016 GU 0212.

          John Patrick Malone, Jr. and Andrew Roger Malone, Malone Law, LLC, (For Appellant-Intervenor, Northwest Trustee & Management Services, LLC).

          Patricia J. Schraff and John P. Thomas, Schraff & King Co., L.P.A., (For Appellee, Norma Rosenberger).

          Glenn E. Forbes, Forbes Law LLC, (For Appellee, Susan Doudican).

          OPINION

          DIANE V. GRENDELL, J.

         {¶1} Appellant, Northwest Trustee & Management Services, LLC, appeals the denial of its Motion to Intervene in the guardianship proceedings of Norma Rosenberger. The issues before this court are whether a party nominated as the guardian for a prospective ward is entitled to intervene in the guardianship proceedings when the nomination has been imperfectly executed under Ohio law and whether a power of attorney is entitled to intervene when it did not receive notice of the hearing on an application to appoint a guardian for the principal. For the following reasons, we affirm the decision of the court below.

         {¶2} On November 16, 2016, appellee, Susan Doudican, filed an Application for Appointment of Guardian of Alleged Incompetent [R.C. 2111.03] on behalf of her half-sister, Norma Rosenberger, in the Lake County Probate Court.

         {¶3} On December 16, 2016, a hearing was held on the Application before a probate court magistrate at which Rosenberger and Doudican gave testimony.

         {¶4} On January 5, 2017, a Magistrate's Decision was issued finding, "by clear and convincing evidence that Norma Rosenberger is mentally impaired as a result of various mental and physical disabilities, and incapable of independently caring for her person and safeguarding her income and assets." The magistrate recommended Doudican "be appointed the guardian of the person and the estate of Norma Rosenberger for an indefinite period of time." The magistrate based her findings on the following testimony:

Ms. Rosenberger is an 84-year old woman diagnosed with mixed dementia according to the Statement of Expert Evaluation completed on October 14, 2016 by Dr. Ami Hall and filed with the Application on November 16, 2016. Dr. Hall noted impairments in Ms. Rosenberger's orientation, thought process, memory, concentration and comprehension, and judgment. She found Ms. Rosenberger mentally impaired and recommended the guardianship be established. * * *
Ms. Rosenberger moved to Mentor, Ohio from Spokane, Washington in August 2016. Ms. Rosenberger was living alone in Spokane prior to her move to Ohio, but Mrs. Doudican stated during the hearing that she and Ms. Rosenberger visited with each other annually in person and maintained regular telephone contact. In approximately November 2015, Mrs. Doudican noticed Ms. Rosenberger was repeating herself during telephone conversation[s] and learned Ms. Rosenberger was getting lost while driving. On or about March 2016, Mrs. Doudican offered and Ms. Rosenberger agreed to move to Ohio to be closer to Mrs. Doudican and her family which consists of adult children and younger grandchildren. Mrs. Doudican began to make arrangements for Ms. Rosenberger's move to Ohio, finding her an apartment at Parker Place in Mentor, Ohio.
However, during the process of arranging further Ms. Rosenberger's move to Ohio, Mrs. Doudican learned that Ms. Rosenberger engaged Northwest Trustee and Management Service, a trust and financial arrangement company located in Spokane, sometime in April 2016. According to a letter written to Mrs. Doudican by Cam McGillivray who is a Trust Officer and In-house Counsel for Northwest, Ms. Rosenberger named Northwest as agent under a durable general power of attorney agreement she executed on May 16, 2016 replacing Mrs. Doudican as agent in a previously executed agreement. Northwest has charged Ms. Rosenberger nearly $40, 000 in account maintenance fees since April 5, 2016, for approximately $1, 100, 000 under its management. Mrs. Doudican explained that Ms. Rosenberger's funds are actually invested with Ameriprise, and suspects Ameriprise is also taking investment fees/commissions for its services.

         {¶5} On January 9, 2017, the probate court adopted the Magistrate's Decision and appointed Doudican guardian of Rosenberger's person and estate.

         {¶6} On February 9, 2017, Northwest Trustee filed a Motion to Intervene on the following grounds: "the Ward herein, Norma Rosenberger, in her Financial Durable Power of Attorney executed on May 12, 2016, named Northwest Trustee as an Agent, and instructed that any court that received or acted upon a guardianship application was to deny such application so long as the Agent (Northwest Trustee) was acting under the Power of Attorney"; "Northwest Trustee is * * * an interested party, necessary for the adjudication of the rights of all persons with an interest in the property before the Court in the instant Guardianship"; and "Northwest Trustee did not ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.