Hillsboro woman sues her brother, Judge Greer over mother's situation

11/18/2011 6:48:00 PM


Hillsboro woman sues her brother, Judge Greer over mother's situation

Daughter wants mother released from nursing home

By GARY ABERNATHY
Publisher

A Hillsboro woman is suing her brother, her mother's lawyer, Highland County Probate Judge Kevin Greer, and even Ohio Gov. John Kasich over issues involving the legal guardianship of her mother.

Jane Branson of Harry Sauner Road filed the suit Tuesday in the U.S. District Court for southern Ohio. Representing herself, Branson claims in her suit that her mother, Mollie Florkey, should be released from a nursing home in which she was placed, and also claims she has been denied proper access to Ohio's courts.

But records show she has long been involved in court in regard to a disagreement among her siblings over the guardianship and care of her mother. Records show that in 2002, Molly Florkey filed both a Living Will and a durable power of attorney form expressing her desire that her son, James Malott, be designated her guardian should she become incapacitated.

Those documents also reflect her desire to have another daughter, Helen Olberg, designated her guardian in the event her son was unable or unwilling to perform the duties.

In 2007, Malott and Branson both filed documents in court seeking to be named guardian of their mother. Greer, guided by Florkey's living will and power of attorney forms, ruled in favor of Malott's petition.

Since then, Branson has attempted to overturn Greer's decision, as well as asking Greer to remove himself from the case, which he refused to do. She has also petitioned the Ohio Supreme Court several times to have Greer removed from the case. The court has turned down her request each time, most recently admonishing her not to file any additional requests on that subject.

In her suit, Branson claims she has been denied the ability to exhaust her access to the courts, and demands that her mother "be released (from a nursing home) and restored of her liberty, and, for all just and proper relief deemed appropriate by this court and under the facts and circumstances presented."

Greer declined to discuss the merits of the case, but did say it was the first time in a 31-year career he had been sued.

Also named in the suit is Hillsboro attorney J.D. Wagoner, who is Florkey's attorney. Wagoner said he was unable to comment at this time, and Malott's attorney, William Peele of Wilmington, did not return a request for comment.

A call to a number for Branson included with her lawsuit was not answered.

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