In re Guardianship of Sachs

In In re Guardianship of Sachs (1962), 173 Ohio St. 270, 275-276, 181 N.E.2d 464, as the savings bonds matured, the guardian cashed them and placed the proceeds in the guardianship checking account. The Supreme Court agreed with the court of appeals, which stated that the ward, had she remained competent, "could have cashed the bonds and claimed the entire proceeds for herself, to do with thereafter as she might see fit, for they were purchased entirely with her funds and she never divested herself of possession, dominion and control over them." Id. at 274. According to Sachs, "the guardian of the ward, who became incompetent subsequent to purchase of the bonds, may after maturity of the bonds, redeem them without the necessity of application to the court and without notice to a co-owner who never had possession, who never invested any money therein, but who, by contract and government regulation, had a right of survivorship in the bonds during the term thereof, until their maturity and redemption." Id. at 276. After redeeming the proceeds of the bonds, the guardian cannot "then make a new contract on the ward's behalf, which would benefit the other registrant on the bond or any other third-party, for it was their duty to preserve the guardianship estate for the benefit of their ward." Id. at 276-277.