Summary
The Supreme Court of Ohio held that a trial court’s order appointing a guardian ad litem to represent an adult in a divorce proceeding is a final, appealable order under R.C. 2505.02(B)(2) when the adult has not been adjudicated incompetent following notice and an opportunity to be heard. The court concluded that appointing the guardian ad litem without the required process violated the appellant’s due-process rights, reversed the court of appeals, vacated the appointment order, and remanded the case.
Topics
Practice areas
Questions Presented
- Whether an order appointing a guardian ad litem to represent an adult in a divorce proceeding is a final, appealable order under R.C. 2505.02(B)(2).
- Whether Civ.R. 75(B)(2) authorizes appointment of a guardian ad litem for an adult in a divorce proceeding.
- Whether a court violates an adult's due-process rights by appointing a guardian ad litem without an incompetency adjudication, prior notice, and an opportunity to be heard.
Holdings
- Under R.C. 2505.02(B)(2), a trial court's order appointing a guardian ad litem to represent an adult in a divorce case is a final, appealable order when the adult has not been adjudicated incompetent after receiving notice and an opportunity to be heard on competency.
- Civ.R. 75(B)(2) does not authorize a trial court to appoint a guardian ad litem for an adult; Civ.R. 17(B) permits such an appointment for an adult only when the adult is incompetent and otherwise unrepresented.
- It violates an adult's due-process rights to appoint a guardian ad litem and treat the adult as incompetent without an adjudication of incompetency, prior notice, and an opportunity to be heard on competency.
Key quotations
“It violates an adult’s right to due process to treat the adult as an incompetent and to deprive that adult of his or her autonomy without an adjudication that the adult is incompetent and without prior notice and an opportunity to be heard on the issue of his or her competency.” (¶ 20)
“under R.C. 2505.02(B)(2), a trial court’s order appointing a GAL to represent an adult in a divorce case is a final, appealable order when that adult has not been adjudicated incompetent subsequent to providing the parties with notice and an opportunity to be heard on the issue of the adult’s competency.” (¶ 34)
Factual background
Carol and Charles Thomasson married in 1985, and Charles filed for divorce in January 2015. In June 2016, two days before the scheduled trial, the domestic-relations court sua sponte appointed a guardian ad litem for Carol under Civ.R. 75(B)(2) and required each spouse to deposit $1,000 toward the guardian's fee. The court had not provided notice or an opportunity to be heard regarding Carol's competency and had not adjudicated her incompetent.
Procedural history
The Cuyahoga County Court of Common Pleas, Domestic Relations Division, sua sponte appointed a guardian ad litem for Carol without prior notice, an opportunity to be heard, or an incompetency adjudication. The Eighth District dismissed Carol's appeal for lack of a final, appealable order. The Supreme Court of Ohio accepted jurisdiction, reversed the appellate judgment, vacated the guardian-ad-litem appointment, and remanded for further proceedings.
Remand instructions
The trial court's order appointing the guardian ad litem is vacated, the judgment of the Eighth District Court of Appeals is reversed, and the cause is remanded to the trial court for further proceedings.