reglab/housing_qa huggingface dataset:
Ohio Rev Code § 2109.61 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.61 | Bond - Parties to Suit.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|An action may be prosecuted on the bond of a fiduciary against any one or more of the obligors on the bond by any person who has been injured by reason of the breach of any condition of the bond. The action shall be prosecuted for the benefit of all persons who are interested in the estate and who have been similarly injured. Any such person or any obligor on the bond who is not already a party to the action may intervene in the action or be made a party to the action by supplemental, amended, or cross-petition. Notice of any action or proceeding against the bonded fiduciary shall be given to the surety. If a surety on the bond of a fiduciary is not made a party to an action or proceeding against the fiduciary, the fact that a judgment was rendered or an order was entered against the fiduciary shall constitute only prima-facie evidence of the justice and validity of the claim in an action subsequently brought against the sureties on the bond of the fiduciary.
Ohio Rev Code § 2109.62 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.62 | Court Termination of Trust.

Effective: April 6, 2017|Latest Legislation:  House Bill 432 - 131st General Assembly|(A)(1) Upon the filing of a motion by a trustee with the court that has jurisdiction over the trust, upon the provision of reasonable notice to all beneficiaries who are known and in being and who have vested or contingent interests in the trust, and after holding a hearing, the court may terminate the trust, in whole or in part, if it determines that all of the following apply:(a) It is no longer economically feasible to continue the trust.(b) The termination of the trust is for the benefit of the beneficiaries.(c) The termination of the trust is equitable and practical.(d) The current value of the trust is less than one hundred thousand dollars.(2) The existence of a spendthrift or similar provision in a trust instrument or will does not preclude the termination of a trust pursuant to this section.(B) If property is to be distributed from an estate being probated to a trust and the termination of the trust pursuant to this section does not clearly defeat the intent of the testator, the probate court has jurisdiction to order the outright distribution of the property or to make the property custodial property under sections 5814.01 to 5814.10 of the Revised Code. A probate court may so order whether the motion for the order is made by an inter vivos trustee named in the will of the decedent or by a testamentary trustee.(C) Upon the termination of a trust pursuant to this section, the probate court shall order the distribution of the trust estate in accordance with any provision specified in the trust instrument for the premature termination of the trust. If there is no provision of that nature in the trust instrument, the probate court shall order the distribution of the trust estate among the beneficiaries of the trust in accordance with their respective beneficial interests and in a manner that the court determines to be equitable. For purposes of ordering the distribution of the trust estate among the beneficiaries of the trust under this division, the court shall consider all of the following:(1) The existence of any agreement among the beneficiaries with respect to their beneficial interests;(2) The actuarial values of the separate beneficial interests of the beneficiaries;(3) Any expression of preference of the beneficiaries that is contained in the trust instrument.
Ohio Rev Code § 2109.68 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.68 | Allocation of Receipts and Expenditures Between Principal and Income.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|Allocation of receipts and expenditures between principal and income by an executor, administrator, or testamentary trustee shall be as prescribed in sections 5812.01 to 5812.52 of the Revised Code.
Ohio Rev Code § 2109.69 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.69 | Application of Trust Code Provisions to Testamentary Trusts.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|(A) Subject to division (B) of this section, the provisions of Chapters 5801. to 5811. of the Revised Code apply to testamentary trusts except to the extent that any provision of those chapters conflicts with any provision of Chapter 2109. of the Revised Code, or with any other provision of the Revised Code, that applies specifically to testamentary trusts and except to the extent that any provision of Chapters 5801. to 5811. of the Revised Code is clearly inapplicable to testamentary trusts.(B) Section 5808.13 of the Revised Code applies to testamentary trusts whether or not that section conflicts with any provision of Chapter 2109. of the Revised Code or any other provision of the Revised Code that applies specifically to testamentary trusts.
Ohio Rev Code § 2111.01 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2111 | Guardians; Conservatorships|Section 2111.01 | Guardian and Conservatorship Definitions.

Effective: October 12, 2016|Latest Legislation:  House Bill 158 - 131st General Assembly|As used in Chapters 2101. to 2131. of the Revised Code:(A) "Guardian," other than a guardian under sections 5905.01 to 5905.19 of the Revised Code, means any person, association, or corporation appointed by the probate court to have the care and management of the person, the estate, or both of an incompetent or minor. When applicable, "guardian" includes, but is not limited to, a limited guardian, an interim guardian, a standby guardian, and an emergency guardian appointed pursuant to division (B) of section 2111.02 of the Revised Code. "Guardian" also includes an agency under contract with the department of developmental disabilities for the provision of protective service under sections 5123.55 to 5123.59 of the Revised Code when appointed by the probate court to have the care and management of the person of an incompetent.(B) "Ward" means any person for whom a guardian is acting or for whom the probate court is acting pursuant to section 2111.50 of the Revised Code.(C) "Resident guardian" means a guardian appointed by a probate court to have the care and management of property in this state that belongs to a nonresident ward.(D) "Incompetent" means either of the following:  (1) Any person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide ; (2) Any person confined to a correctional institution within this state.(E) "Next of kin" means any person who would be entitled to inherit from a ward under Chapter 2105. of the Revised Code if the ward dies intestate.(F) "Conservator" means a conservator appointed by the probate court in an order of conservatorship issued pursuant to section 2111.021 of the Revised Code.(G) "Parent" means a natural parent or adoptive parent of a minor child whose parental rights and responsibilities have not been terminated by a juvenile court or another court.(H) "Financial harm" means impairment of an individual's financial assets by unlawfully obtaining or exerting control over the individual's real or personal property in any of the following ways:(1) Without the consent of the individual or the person authorized to give consent on the individual's behalf;(2) Beyond the scope of the express or implied consent of the individual or the person authorized to give consent on the individual's behalf;(3) By deception;(4) By threat;(5) By intimidation;(6) By fraud;(7) By undue influence.
Ohio Rev Code § 2111.011 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2111 | Guardians; Conservatorships|Section 2111.011 | Guardianship Guide.

Effective: September 13, 2016|Latest Legislation:  House Bill 50 - 131st General Assembly|(A) The clerk of the probate court shall furnish a guardianship guide, prepared e ither by the attorney general w ith the approval of the Ohio judicial conference or b y the Ohio judicial conference under division (B) of this section, to a guardian at either of the following times, whichever is applicable: (1) Upon the appointment of the guardian under section 2111.02 of the Revised Code; (2) If the guardian was appointed prior to the effective date of this section, upon the first filing by the guardian with the probate court of either of the following, as applicable, after that effective date: (a) A guardian's account, other than a final account, that is required to be filed under section 2109.302 of the Revised Code; (b) A guardian's report that is required to be filed under section 2111.49 of the Revised Code. (B)(1) If the attorney general subsequently prepares any updated version of the guardianship guide, the updated guide shall include the rights of a ward as stated in any relevant provision of the Revised Code that is then curren t. The cl erk of the probate court shall furnish the most recent version of the guide to a guardian at either of the following times, whichever is applicable: (a) Upon the appointment of the guardian under section 2111.02 of the Revised Code after the most recent version of the guide is prepared; (b) If the guardian was appointed prior to the date of the most recent version of the guide, upon the first filing by the guardian with the probate court of either of the documents described in divisions (A)(2)(a) and (b) of this section, as applicable, after that date. (2) In the alternative, the Ohio judicial conference may create, at their cost, an alternative guardianship guide for use in all probate courts. The alternative guardianship guide shall be distributed in accordance with all provisions contained in this act. The court shall furnish this alternative guardianship guide in accordance with the provisions of this section. (C) The probate court shall establish a form for a guardian to sign acknowledging that the guardian received a guardianship guide pursuant to this section. (D) Upon receiving a guardianship guide, the guardian shall sign the form specified in division (C) of this section. The signed form shall be kept permanently in the guardianship file of the probate court.
Ohio Rev Code § 2111.021 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2111 | Guardians; Conservatorships|Section 2111.021 | Physically Infirm Adult May Petition for Conservatorship.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|A competent adult who is physically infirm may petition the probate court of the county in which the petitioner resides, to place, for a definite or indefinite period of time, the petitioner's person, any or all of the petitioner's real or personal property, or both under a conservatorship with the court. A petitioner either may grant specific powers to the conservator or court or may limit any powers granted by law to the conservator or court, except that the petitioner may not limit the powers granted to the court by this section and may not limit the requirement for bond as determined by the court. The petition shall state whether the person of the competent adult will be placed under the conservatorship, shall state with particularity all real and personal property that will be placed under the conservatorship, shall state the powers granted and any limitation upon the powers of the conservator or court, and shall state the name of a proposed suitable conservator. After a hearing, if the court finds that the petition was voluntarily filed and that the proposed conservator is suitable, the court shall issue an order of conservatorship. Upon issuance of the order, all sections of the Revised Code governing a guardianship of the person, the estate, or both, whichever is involved, except those sections the application of which specifically is limited by the petitioner, and all rules and procedures governing a guardianship of the person, the estate, or both, shall apply to the conservatorship, including, but not limited to, applicable bond and accounting requirements.A conservatorship shall terminate upon a judicial determination of incompetency, the death of the petitioner, the order of the probate court, or the execution of a written termination notice by the petitioner. A termination notice shall take effect upon execution by the petitioner, and shall be filed with the court and served upon the conservator. A termination notice executed by a petitioner relative to a conservatorship of the estate and the termination of a conservatorship of the estate based upon a termination notice are void unless the termination notice is filed with the court within fourteen days after its execution. Modification of the powers of a conservator or the court may be made by the petitioner upon motion to the court at any time during the conservatorship. Neither the establishment of a conservatorship nor the filing of a petition for conservatorship with the probate court shall be considered as evidence of mental impairment under section 2111.01 of the Revised Code.Upon motion to the probate court and a showing of good cause, the court may make confidential, or remove from confidential status, any file, record, petition, motion, account, or paper, except for an index, docket, or journal, that pertains to a conservatorship and that is in the possession of the court.
Ohio Rev Code § 2111.022 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2111 | Guardians; Conservatorships|Section 2111.022 | Emergency Order to Freeze Assets of Missing Person.

Effective: March 22, 2013|Latest Legislation:  House Bill 27 - 129th General Assembly|(A) A probate court, on its own motion or on application of an interested party, may issue an emergency ex parte order freezing the financial assets of an individual whom the court or applicant has reason to believe is missing or has gone or been taken to another state if it is reasonably certain that immediate action is required to prevent significant financial harm to the individual. The order may freeze the individual's assets for a period not exceeding seventy-two hours. If the individual is located, a written copy of the order shall be served upon the individual as soon as possible after its issuance. The court, at its first opportunity, shall enter upon its journal a record of the case and, with specificity, the reason for the action. For good cause shown, after notice to the individual and after a hearing, the court may extend the emergency order for a specified period of not more than thirty additional days. (B) The powers of the probate court under this section are in addition to and not in derogation of any powers the court has under division (B)(3) of section 2111.02 of the Revised Code.
Ohio Rev Code § 2111.03 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2111 | Guardians; Conservatorships|Section 2111.03 | Application for Appointment as Guardian.

Effective: October 8, 1992|Latest Legislation:  House Bill 427 - 119th General Assembly|A person applying for appointment as a guardian, including, but not limited to, as a limited guardian, pursuant to section 2111.02 of the Revised Code, shall file with the probate court an application that contains a statement of the whole estate of the ward, its probable value, and the probable annual rents of the ward's real property, and that also contains the following:(A) A statement whether the applicant ever has been charged with or convicted of any crime involving theft, physical violence, or sexual, alcohol, or substance abuse, and, if the applicant has been so charged or convicted, the date and place of each charge and each conviction;(B) A statement whether a limited guardianship is sought and, if sought, a specification of the limited powers that are requested and a statement whether the limited guardianship is to be for a definite or indefinite period;(C) In the case of an application for the appointment of a guardian of a minor, all of the following:(1) Name, age, and residence of the minor;(2) Name and residence of each parent of the minor;(3) Name, degree of kinship, age, and address of next of kin of the minor, if no parent is living or if a parent of the minor is absent, under disability, or for other reason cannot be notified;(4) Name and residence address of the person having custody of the minor.(D) In the case of an application for the appointment of a guardian of an alleged incompetent, all of the following:(1) Name, age, and residence of the person for whom such appointment is sought;(2) Facts upon which the application is based;(3) Name, degree of kinship, age, and address of the next of kin of the alleged incompetent.The court, on its own motion, shall proceed as provided in this chapter, upon suggestion by the bureau of workers' compensation that any person who has made application for or been awarded compensation or death benefits as an employee or the dependent of a killed employee is a minor or incompetent. In that case, no application need be filed and the bureau shall furnish the court with the name and residence of such person and the name, degree of kinship, age, and address of the father, mother, or next of kin of such person insofar as known by the bureau.
Ohio Rev Code § 2111.031 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2111 | Guardians; Conservatorships|Section 2111.031 | Appointing Physicians and Other Persons to Determine Need for Guardianship.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|In connection with an application for the appointment of a guardian for an alleged incompetent, the court may appoint physicians and other qualified persons to examine, investigate, or represent the alleged incompetent, to assist the court in deciding whether a guardianship is necessary. If the person is determined to be an incompetent and a guardian is appointed for the person, the costs, fees, or expenses incurred to so assist the court shall be charged either against the estate of the person or against the applicant, unless the court determines, for good cause shown, that the costs, fees, or expenses are to be recovered from the county, in which case they shall be charged against the county. If the person is not determined to be an incompetent or a guardian is not appointed for the person, the costs, fees, or expenses incurred to so assist the court shall be charged against the applicant, unless the court determines, for good cause shown, that the costs, fees, or expenses are to be recovered from the county, in which case they shall be charged against the county. A court may require the applicant to make an advance deposit of an amount that the court determines is necessary to defray the anticipated costs of examinations of an alleged incompetent and to cover fees or expenses to be incurred to assist it in deciding whether a guardianship is necessary.This section does not affect or apply to the duties of a probate court investigator under sections 2111.04 and 2111.041 of the Revised Code.
Ohio Rev Code § 2111.04 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2111 | Guardians; Conservatorships|Section 2111.04 | Notice of Appointment.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|(A) Except for an interim or emergency guardian appointed under division (B)(2) or (3) of section 2111.02 of the Revised Code, no guardian of the person, the estate, or both shall be appointed until at least seven days after the probate court has caused written notice, setting forth the time and place of the hearing, to be served as follows: (1) In the appointment of the guardian of a minor, notice shall be served as follows:(a) Upon the minor, if over the age of fourteen, by personal service;(b) Upon each parent of the minor whose name and address is known or with reasonable diligence can be ascertained, provided the parent is free from disability other than minority;(c) Upon the next of kin of the minor who are known to reside in this state, if there is no living parent, the name and address of the parent cannot be ascertained, or the parent is under disability other than minority;(d) Upon the person having the custody of the minor.(2) In the appointment of the guardian of an incompetent, notice shall be served as follows:(a)(i) Upon the person for whom appointment is sought by personal service, by a probate court investigator, or in the manner provided in division (A)(2)(a)(ii) of this section. The notice shall be in boldface type and shall inform the alleged incompetent, in boldface type, of the alleged incompetent's rights to be present at the hearing, to contest any application for the appointment of a guardian for the alleged incompetent's person, estate, or both, and to be represented by an attorney and of all of the rights set forth in division (C)(7) of section 2111.02 of the Revised Code.(ii) If the person for whom appointment is sought is a resident of, or has a legal settlement in, the county in which the court has jurisdiction, but is absent from that county, the probate court may designate, by order, a temporary probate court investigator, in lieu of a regular probate court investigator appointed or designated under section 2101.11 of the Revised Code, to make the personal service of the notice described in division (A)(2)(a)(i) of this section upon the person for whom appointment is sought.(b) Upon the next of kin of the person for whom appointment is sought who are known to reside in this state.(B) After service of notice in accordance with division (A) of this section and for good cause shown, the court may appoint a guardian prior to the time limitation specified in that division.(C) Notice may not be waived by the person for whom the appointment is sought.(D) From the service of notice until the hearing, no sale, gift, conveyance, or encumbrance of the property of an alleged incompetent shall be valid as to persons having notice of the proceeding.