Greer recuses himself from case on guardianship

11/28/2011 12:52:00 PM


Greer recuses himself from case on guardianship

Could re-qualify himself based on outcome of lawsuit

By GARY ABERNATHY

Publisher

Highland County Probate Judge Kevin Greer has recused himself from a case involving a dispute over the guardianship and care of a Hillsboro woman. The recusal occurred following a Nov. 22 hearing regarding the case, according to court documents.

Greer's recusal comes after Jane Branson of Harry Sauner Road filed suit in U.S. District Court for Southern Ohio against Greer, her brother, her mother's attorney, and Ohio Gov. John Kasich. Representing herself, Branson claimed 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.

Greer said Monday he could re-qualify himself to continue hearing the case based on how, and how quickly, Branson's federal lawsuit is resolved. In the meantime, he has asked the Ohio Supreme Court to appoint a judge to hear Branson's ongoing challenge to the care and guardianship of her mother.

But if the federal suit is resolved, Greer will likely re-qualify himself to preside over the case, because "I have a duty to the taxpayer to do my job" rather than paying a visiting judge to preside.

Records show that in 2002, Mollie 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 until now.

Also named in the suit is Hillsboro attorney J.D. Wagoner, who is Florkey's attorney.

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