Authority of the Guardian Upon the Death of His Ward In Ohio
The Ohio Supreme Court considered the authority of the guardian upon the death of his ward in Sommers v. Boyd (1891), 48 Ohio St. 648, 29 N.E. 497. In that case the court held:
"The death of the ward terminates the guardianship, and the guardian has no further authority or control over the personal estate remaining in his hands except to safely keep and deliver the same to the personal representative." Id. at paragraph one of the syllabus.
The Supreme Court approved and followed Sommers, supra, in Simpson v. Holmes (1922), 106 Ohio St. 437, 1 Ohio Law Abs. 84, 140 N.E. 395, in holding:
"Death of the ward terminates all duties and powers upon the part of the guardian." Id. at paragraph one of the syllabus.