What is the process for appealing a guardianship decision?

In Ohio, there is a process to appeal a guardianship decision after it has been made. Appealing the decision must be done through the probate court that made the guardianship decision. The petitioner must first file a motion for reconsideration, which asks the court to reconsider its decision. In this motion, the petitioner must include the reasons the order should be reconsidered. It must detail facts that the court was not aware of previously and why those facts should be considered when reconsidering the decision. Once the motion for reconsideration has been filed, the court will schedule a hearing to hear the evidence presented. At the hearing, the petitioner must present a case that the original decision was incorrect and should be changed. The court may hear the arguments, weigh the evidence, and then decide to either uphold the original decision or modify/reverse it. If the court decides to uphold the original order, the petitioner can then choose to appeal the decision to a higher court. This appeal must be filed with the appeals court within 30 days of the decision. The appeals court will review the evidence from the lower court and make a decision to either uphold, modify, or reverse the original decision. It’s important to note that there is a limited amount of time to appeal a guardianship decision in Ohio, which means the petitioner must act quickly to protect their rights. An experienced attorney familiar with guardianship law can be a valuable asset in the appeals process.

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What is the process for appealing a guardianship decision?

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