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In re Guardianship of Brady1/27/2005
ngs in the probate division of the courts of common pleas shall be those prescribed in the rule applicable to standard probate forms in the Rules of Superintendence. Forms not prescribed in such rule may be used as permitted in that rule."
{ } Appellant argues that the trial court erred in failing to reject the nonstandard probate forms the appellee used. However, in this case we find the error to be insignificant. For example, appellant states that a header was omitted from the nonstandard probate form 15.1 and that the type style in the footer was incorrect. Minor clerical errors, such as the form omissions appellant mentions, are not significant and only rise to the level of harmless error.
{ } Appellant further argues that personal notice was not achieved in this case; however, personal notice can be waived. Furthermore, although not in standard form, the "waiver of notice and consent" did inform appellant of the guardianship proceeding. The "waiver of notice and consent" signed by appellant expressly states: "We the undersigned do each of us hereby waive the issuing and service of notice, and voluntarily enter our appearance herein.
We do hereby consent to the appointment of Edward Brady or some suitable person as guardian of the person of Nora T. Brady." The lack of the case name and number at the top of the document does not materially affect the knowing and voluntary nature of this waiver and consent.
{ } Appellant claims that she was misled into signing the waiver and consent form because she was told her signature was necessary to get her mother back on medication. The waiver on its face plainly states its purpose. Therefore, any claims of reliance by attorney Catherine Brady on a third party's statements as to the purpose of the waiver are tenuous at best.
{ } Appellant's first assignment of error is overruled.
III.
{ } Appellant's second assignment of error states the following: "The Probate Court committed prejudicial error when it refused to issue Findings of Fact and Conclusions of Law upon the timely request of Appellant."
{ } Appellant's third assignment of error states the following: "The Probate Court erred and abused its discretion by failing to sustain Exceptions to the Guardian's 1st Partial Account."
{ } Appellant's fourth assignment of error states the following: "The Probate Court erred, abused its discretion and acted against the manifest weight of the evidence in granting Application Requesting Authority to Settle Lawsuit which settlement is not in the best interest of Nora Brady."
{ } Due to the substantial interrelation between appellant's second, third and fourth assignments of error, we shall address them together. Appellant asserts that the court erred by refusing to issue findings of fact and conclusions of law to support its decision overruling exceptions filed by appellant. Appellant further claims that findings and conclusions must be filed upon request as to any decision which involves a fact question.
{ } Civ.R. 52 requires the court to issue findings of fact and conclusions of law upon request when the court tries issues of fact without a jury. Neither of the decisions involved in this case, either the exception to the guardian's account or the approval to settle the lawsuit, constitutes a trial of an issue of fact. In addition, it has been held that a judgment entry, though not styled as "findings of fact and conclusions of law," complies with Civ.R. 52 mandates where it recites sufficient facts and legal conclusions which, when combined with the entire record, provide an adequate basis upon which to review the issues presented.
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