WAYNE – A guardianship and conservatorship case filed by a prominent Huntington businessman regarding an elderly woman who currently lives in Cincinnati with her son has been continued.
Ben Coffman Jr. filed the motion to dismiss April 2 in Wayne Circuit Court in response to the petition filed last month by Marshall Reynolds and Kaleb Cihon. The petition says Reynolds and Cihon seek the appointment of a guardian and/or conservator for Melanie Coffman, the alleged protected person in the case.
On April 9, Wayne Circuit Judge Jason Fry agreed to continue the case after Ben Coffman Jr., appearing via telephone, said he had yet to obtain legal representation and that his mother is unable to travel to attend a hearing. That was after Fry emptied the courtroom prior to the start of the hearing, removing both a writer for The West Virginia Record and Cihon's wife as well as other individuals waiting for a child adoption hearing.
In his original petition, Cihon lists him as the proposed guardian and Reynolds as the proposed conservator. It lists Cihon as Melanie Coffman’s “unadopted son” and Reynolds as a “family friend.”
But in his motion to dismiss, Coffman says he is the only surviving child of Melanie and Ben Coffman Sr. and has been their acting guardian and power of attorney since early 2022 when the health of both of his parents began failing and official power of attorney since August 17, 2023.
Coffman’s father attended Vinson High School in Huntington with Reynolds. His father later played basketball at the University of Kentucky for legendary coach Adolph Rupp.
Coffman’s father passed away in February, and Coffman says he and his wife Kate have been providing full-time care to his mother at his home in Cincinnati. In fact, Coffman’s motion says his mother just returned home March 30 after being treated at a Cincinnati-area hospital for nine days.
“At that time they made me an owner or beneficiary of their accounts and assets and I also started managing their medical, home and life needs,” Coffman wrote in his pro se motion. “In addition, my mother resides in my home in Cincinnati, Ohio. All of her life needs including insurance, doctors, finances, family and friends, et al. are in Cincinnati, Ohio.
“This is where she was born and raised and has lived much of her life. All of her family is located here as well. Me, my wife Kate Coffman, my five sons (her grandsons) and one great grandson.”
In the original petition, Cihon lists himself as a de facto guardian, conservator, medical power of attorney, representative or appointed surrogate responsible for Melanie Coffman’s care or custody and says no one else has been designated as a surrogate decision maker, but it does say Cihon believes Ben Coffman Jr. is a duly appointed power of attorney for his mother.
In his motion, Coffman says a guardian hearing requires the alleged protection person – his mother in this case – be there in person or have an evaluation done. He says that can’t happen because his mother is “unfit to travel at this time.”
But Cihon’s petition disputes that claim by checking a box that says she has no incapacity that keeps her from attending. It also claims Melanie Coffman has not nominated a different guardian or conservator.
Coffman’s motion, of course, disputes both of those claims.
“The court cannot conduct a hearing on the merits of this petition without the presence of the protected person unless one of the following is submitted to the court at the beginning of the hearing,” the original court filing says, listing the acceptable submission as a physician’s affidavit, qualified expert testimony or evidence that the person refuses to appear.
Cihon’s petition also says Melanie Coffman “suffers from severe dementia and is unable to fully care for herself or finances.”
And in a separate motion for leave to file the petition without evaluation report, Cihon says he “does not possess a power of attorney or medical power of attorney to authorize the physician to execute the required evaluation report” and says he seeks an order from the court authorizing Melanie Coffman’s physician(s) to “conduct and complete the necessary evaluation report.”
Reynolds and Cihon are being represented by Matthew Ward of Dinsmore & Shohl in Huntington. Ward also refused to speak after the 15-minute hearing Tuesday, saying he was told not to speak to The Record.
Wayne Circuit Court case number 24-G-7