Cassandra’s Philosophy

Many do not realize that the Probate Court holds extraordinary authority over ordinary people—authority that can directly affect a person’s Constitutional rights to life, liberty, property, and the pursuit of happiness. The process of establishing and maintaining a guardianship means, temporarily or indefinitely, revoking these fundamental Constitutional rights, rights such as the ability to marry, vote, hold a license, execute legal documents, or own property.

Many times, people plan for this occasion. They appoint powers of attorney to act on their behalf without a guardian when they cannot, and similarly, they nominate persons to be their guardian if the need arises. But, when an individual is found incompetent, the Court makes the final say on whether these documents will be honored and who will control that person’s medical decisions and finances. Too often, wards have seen their powers of attorney terminated without justification, forcing them to remain under guardianship indefinitely.

Cassandra understands that estate plans are often carefully and thoughtfully crafted while a person has full capacity to make informed decisions. Cassandra believes that these circumstances require caution, so as not to substitute her own judgment for the deliberate choices of the individual. An overly paternalistic approach not only risks placing unnecessary restrictions on individual liberty, but also increases the Probate Court’s ongoing administrative burden, contributing to greater delays and heavier caseloads.

Justice delayed in Probate Court isn’t just inconvenient. A delayed approval to seize assets can mean assets remaining frozen, unable to be used for bills and prolonged family stress during estates and guardianships. Delays in approvals for sales can place assets at risk of loss and the potential for losing interested buyers. Delays in processing and adjudicating motions and hearings places unnecessary stress on parties seeking finality.

The Probate Judge, as ex-officio Probate Clerk of Court, is obligated to find practical administrative solutions that ensures cases flow through the Clerk’s office and Court systematically. This starts with ensuring all clerk staff are adequately trained to identify which filings should be docketed immediately rather than scheduled for review. It also requires the Court to operate on practicalities, ensuring routine, non-financial filings and hearings are not overly preoccupied by process over substance.

Through its dual role, the Court is in a unique position to review and potentially identify fraud as it is occurring in estates and guardianships, by ensuring that adequate supplemental documentation is provided in association with each estate and guardianship account. The Court’s Deputy Clerks are in the best position to verify supplemental documentation is filed timely and accurately, and that the Court is involved quickly when fiduciaries fail to comply.

Strengthening relationships between the Court, the Ohio Department of Job and Family Services’ Adult Protection Services unit, and the Montgomery County Prosecutor’s office will be the only assured way to protect vulnerable persons from having their assets stolen.

Probate Court should not feel adversarial by default. While some matters involve opposing parties and require firm, carefully considered judicial decisions within reasonable timeframes, more often the only participants to a case are the Court and a fiduciary—such as an executor or guardian—working to fulfill their legal duties. In these cases, whether routine or complex, the Court should foster an environment where these individuals actively seek guidance in situations where the solution is not apparent, treated with respect, and able to work collaboratively with the Court toward practical, lawful resolutions. The tone of professionalism, courtesy, and collaboration starts with the Probate Judge, leading by example.

With a generation of adults aging well-beyond established norms, our community is facing a serious challenge: an influx of adults with dementia or disabilities needing community support because they have no family or friends to assist. Our Probate Court and our community does not have enough resources or oversight to meet these needs, as the existing system was not built for this level of demand.

Guardianship is one of the most consequential procedures in the law. If found incompetent, the Court is authorized to strip an adult of their Constitutional right to govern their life, liberty, and property. It is the Probate Court’s responsibility to partner with other organizations in community to ensure that guardianships are not abused, and only used as a last resort. However, when used thoughtfully, appropriately, and monitored effectively, a guardianship structure based on supported decision making will allow our older adults to age in place for longer, with better coordination among families, caregivers, and community services.