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The Ohio Supreme Court recently upheld a twenty thousand dollar attorney fee award against a litigant and the litigant’s attorney for frivolous conduct. Probate court is unfortunately a place where frivolous conduct occurs because some attorneys and their clients will not accept logic. Now that the supreme court has staked out the propriety of awarding tens of thousands of dollars against litigants and attorneys who waste the time of others, it is likely that local courts may be more likely to follow suit. The court defined frivolous conduct as filing or pursuing a civil action that is not warranted under existing law, cannot be supported by a good faith argument for an extension, modification or reversal of existing law, or cannot be supported by a good faith argument for the establishment of new law. Probate court is not for putting grieving persons through pointless litigation. If it happens, let us hope probate judges will bear down on those who abuse others and the system.
The thorny and unwieldy issue of forced medication of an involuntarily hospitalized mental patient was recently reviewed by the Tenth district court of appeals. Not addressed is the growing problem of the necessity of such action for individuals not yet hospitalized or recently released. The medical literature suggests that mental health problems are growing. In cases of emergency, probate court jurisdiction is invoked to provide an answer for persons presenting as a danger to themselves or others. But should the system be geared to require an emergency to provide a solution to chronic problems ? Many individuals do not want to take their medication; no surprise there. When such individuals have unilaterally been weaned long enough, the problems that led to the medication prescription start all over again. Probate courts and the higher appellate courts must start to address this problem. Legislation is more likely necessary. Persons appointed to be a guardian by probate court for mentally ill individuals living in the community are placed at risk when trying to manage their ward’s medication ingestion. Is the guardian violating the civil rights of the ward ? Is an assault being committed ? Seek help and have the benefit of a recommendation of a treating physician and a lawyer.