In the Matter of: The Guardianship of [A.R.R.], S.N.N., Appellant.
from the Franklin County Court of Common Pleas Probate
Division (Prob. No. 591277)
S.N.N., pro se.
1} Appellant, S.N.N., appeals from a judgment of the
Franklin County Court of Common Pleas, Probate Division,
removing her as guardian of her adult son, A.R.R., and
appointing the Franklin County Guardianship Services Board
("FCGSB") as AR.R.'s guardian. For the reasons
that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
2} On May 4, 2018, appellant filed an application
for appointment as guardian of her adult son, A.R.R., whom
she alleged to be incompetent due to mental illness. On May
18, 2018, FCGSB filed a competing application to be appointed
guardian of AR.R.'s person. The application alleges
A.R.R. "has profound impairment due to untreated
symptoms of schizophrenia for a prolonged period" of
time, and that "his symptoms have been worsening."
(Application at 4.)
3} On June 25, 2018, a magistrate of the probate
court held an evidentiary hearing on the competing
applications. Patrick Fahey, M.D., conducted an expert
evaluation of A.R.R. and submitted a report. The probate
court summarized Dr. Fahey's findings as follows:
18.Dr. Fahey stated that [A.R.R.] is mentally impaired due to
the mental illness, catatonic schizophrenia, which he noted
to be severe.
19. Dr. Fahey explained that [A.R.R.] was unable to care for
himself or perform daily activities, and would not talk.
20. Dr. Fahey stated that [A.R.R.'s] condition was not
stabilized and was unsure if the condition was reversible,
but as of the date of his evaluation, his condition was
21. Dr. Fahey recommended that a guardianship be established.
(Dec. 21, 2018 Decision at 5.)
4} On May 18, 2018, FCGSB filed a statement of
expert evaluation from Hossam Guirgis, a psychiatry physician
at Harding Hospital ("OSU Harding"). The probate
court summarized the April 26, 2018 statement of expert
evaluation as follows:
25. Dr. Guirgis's statement of expert evaluation stated
that [A.R.R.] is mentally impaired due to mental illness
caused by catatonic schizophrenia.
26. Dr. Guirgis further stated that [A.R.R.] has profound
impairments due to untreated symptoms of schizophrenia for a
27.At the time Dr. Guirgis completed his statement, [A.R.R.]
was not eating or drinking and was refusing medications.
28. Dr. Guirgis recommended that a guardianship be
established, and that [A.R.R.'s] condition was not
stabilized and is not reversible.
(Dec. 21, 2018 Decision at 6-7.)
5} On June 27, 2018, the magistrate issued a
decision recommending the probate court find A.R.R., then 24
years old, to be an incompetent person, as defined in R.C.
2111.01(D), because he is so impaired as a result of a mental
disability he is incapable of taking proper care of himself.
The magistrate further recommended the probate court,
pursuant to R.C. 2111.02(C), appoint A.R.R.'s biological
mother, appellant, as guardian of A.R.R.'s person.
6} The magistrate scheduled a compliance/removal
hearing to be held on November 5, 2018 for the purpose of
reviewing "[t]he ward's progress and medication
compliance." (June 27, 2018 Mag. Decision at 11.) The
probate court adopted the magistrate's decision as its
own on June 27, 2018, and no objection was filed. A.R.R. was
discharged from OSU Harding into appellant's care on July
7} On August 21, 2018, Kevin Nathaniel Johns, M.D.,
A.R.R.'s treating psychiatrist at The Ohio State
University Wexner Medical Center ("the hospital"),
filed a complaint in the probate court seeking removal of
appellant as guardian due to her alleged failure to comply
with Dr. Johns' recommendation that A.R.R. resume taking
the prescribed medication clozapine, resulting in a
re-admittance to the hospital with symptoms of catatonia,
psychosis, and malnutrition. Dr. Johns also alleged appellant
refused consent for recommended electroconvulsive treatments
8} The August 21, 2018 guardianship complaint
contains the ...