On Tuesday, September 9, 2025, attorney Susan Wasserman filed a petition for a writ of mandamus in the Supreme Court of Ohio against Franklin County Probate Court Judge Jeffrey D. Mackey, alleging failure to fulfill statutory and constitutional obligations in the guardianship case of Shirley S. Sowards, an adjudicated incompetent adult. Wasserman, the former guardian of Sowards, claims the court’s inaction has led to legal prejudice, financial hardship, and loss of rights for the ward.
Wasserman was appointed as Sowards’ guardian in 2016. According to the petition, despite Wasserman’s efforts to comply with court directives and advocate for Sowards’ welfare, Judge Mackey and his staff have failed to appoint a successor guardian after Wasserman’s resignation on December 13, 2023, address motions regarding hospice care and local assistance for Sowards, investigate reported Medicaid fraud allegations, adjudicate motions for extraordinary fees, and adhere to procedural due process.
The petition outlines a series of events and alleged failures. In 2019, a complaint was filed against Wasserman by a court investigator, which Wasserman claims was retaliatory after Wasserman objected to Sowards being prematurely moved to a facility, potentially causing financial harm. Wasserman alleges she was ordered to relocate Sowards despite warning of the financial implications and the ward’s inability to afford the facility being insisted upon.
The relocation occurred during the COVID-19 lockdown, with Wasserman claiming she received no assistance from state agencies. Sowards was placed in a facility not approved for Medicaid, leading to a denial of her Medicaid application. Wasserman states she set up a Qualified Income Trust, but Medicaid eligibility was not achieved due to administrative failings at the facility. Wasserman also details repeated issues with payments, including lost checks and failures to set up auto-pay.
Wasserman resigned as guardian in December 2023, citing relocation to California and the emotional strain of the delays. As of the filing date, no successor guardian has been appointed. Wasserman also claims a motion for an expedited hearing filed on May 23, 2025, concerning Medicaid and hospice care, has not been addressed. Additionally, the Probate Court summarily denied Wasserman’s Motion for Extraordinary Guardian Fees in the amount of $11,587.50.
Wasserman argues that Judge Mackey’s inaction violates the Ohio Revised Code and the Rules of Superintendence, including the mandate to promptly appoint guardians and ensure the welfare of the ward. She further alleges constitutional violations, including denial of due process and equal protection.
Wasserman requests the Supreme Court to issue a writ of mandamus directing Judge Mackey to immediately appoint a qualified successor guardian for Sowards, cease any further obstruction or retaliatory action, terminate Wasserman’s guardianship and trustee roles, and approve reasonable compensation for her services. She also seeks costs, attorney’s fees, and other equitable relief.
A copy of the original filing can be found here.
