reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.52 | Judgment on the Complaint.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When passing on a complaint made under section 2109.50 of the Revised Code, the probate court shall determine, by the verdict of a jury if either party requires it or without if not required, whether the person accused is guilty of having concealed, embezzled, conveyed away, or been in the possession of moneys, personal property, or choses in action of the estate, testamentary trust, or guardianship. If the person is found guilty, the probate court shall assess the amount of damages to be recovered or the court may order the return of the specific thing concealed or embezzled or may order restoration in kind. The probate court may issue a citation or other judicial order into any county in this state that shall be served and returned as provided in section 2109.50 of the Revised Code. The citation or other judicial order shall require any person who claims any interest in the assets alleged to have been concealed, embezzled, conveyed, or held in possession to appear before the court. At the hearing, the court may hear and determine questions of title relating to those assets. In all cases, except when the person found guilty is the fiduciary, the probate court shall render judgment in favor of the fiduciary or if there is no fiduciary in this state, the probate court shall render judgment in favor of the state, against the person found guilty, for the amount of the moneys or the value of the personal property or choses in action concealed, embezzled, conveyed away, or held in possession, together with ten per cent penalty and all costs of the proceedings or complaint; except that the judgment shall be reduced to the extent of the value of any thing specifically restored or returned in kind as provided in this section.
If the person found guilty is the fiduciary, the probate court shall render judgment in favor of the state against the fiduciary for the amount of the moneys or the value of the personal property or choses in action concealed, embezzled, conveyed away, or held in possession, together with penalty and costs as provided in this section.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.53 | Judgment Against Fiduciary - Removal.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a judgment is rendered against a fiduciary under section 2109.52 of the Revised Code, the fiduciary shall be removed by the probate court. If any portion of the estate, testamentary trust, or guardianship remains to be administered by the probate court at the time of the removal of the fiduciary, the court shall appoint a new fiduciary to continue the administrative process. A fiduciary that is removed shall not receive compensation for acting as fiduciary and shall be charged for the amount of the judgment. The fiduciary's property also shall be liable for the satisfaction of the judgment on execution issued on the judgment by the fiduciary's successor.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.54 | Certificate of Judgment - Delivery to Clerk of the Court of Common Pleas.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The fiduciary in whose favor a judgment has been rendered by the probate court under section 2109.52 of the Revised Code shall deliver to the clerk of the court of common pleas a certificate of that judgment in accordance with section 2329.04 of the Revised Code. The probate court shall complete and deliver the certificate to the fiduciary on demand. The clerk shall issue an execution of the court of common pleas for the amount of the judgment and the costs that have accrued or that may accrue on the judgment. Thenceforth proceedings on execution shall be the same as if the judgment had been rendered in that court of common pleas.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.55 | Judgment in Favor of State.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a judgment is rendered in the name of the state under section 2109.52 of the Revised Code and there is no fiduciary within this state, the prosecuting attorney shall cause the certificate provided for in section 2109.54 of the Revised Code to be filed in the clerk's office and proceed to execution on the judgment as provided in that section. The prosecuting attorney shall pay the money realized upon the execution to the county treasurer for the use of the estate, testamentary trust, or guardianship, reserving the compensation to the prosecuting attorney that the probate court allows.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.56 | Conveyances.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
All gifts, grants, or conveyances of real property, rents, or personal property and all bonds, judgments, or executions made or obtained with intent to avoid the purpose of the proceedings set forth in sections 2109.50 to 2109.55 of the Revised Code, or in contemplation of any examination or complaint provided for by those sections, shall be void.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.57 | Appointment of Trustee of Funds of Unknown or Nonresident.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
In any action or proceeding pending in a court of record, if it is made to appear to the court that any person entitled to all or a part of the proceeds of property sold in that action or proceeding is unknown or is a nonresident and not represented in the action or proceeding or that the person entitled cannot, at the time, definitely be ascertained, the probate court may appoint a trustee to whom the notes and mortgages for the unpaid part shall be made, delivered, and paid and to receive, hold, and manage the proceeds or part of the proceeds. The trustee shall collect the unpaid part of the proceeds of the property sold, by action or otherwise, and shall pay over that fund only on the order of the probate court appointing the trustee.
Payment to the trustee shall be a bar to any claim thereafter made by any person and the persons or corporations paying the money in no case shall be required to see to the application of the money paid.
If a person entitled to any portion of the money held by the trustee fails for seven or more years after the trustee's appointment to make claim to the money and to present the proof necessary to entitle the person to the money, the prosecuting attorney of the county in which the trustee was appointed shall collect it, with the interest accrued on the money, from the trustee and pay it into the county's treasury, to be placed to the credit of the general fund.
Upon application to the probate court that appointed the trustee and presentment of the proof necessary to entitle the person to the money, the court shall order the payment of the money to the person in whole or part, less the costs of collection by the prosecuting attorney. The person, on the judge's certificate, shall be given a warrant for the money by the county auditor.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.58 | Inventory by Fiduciary.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Each fiduciary as to whom definite provision is not made in sections 2111.14 and 2115.02 of the Revised Code shall make and file within three months after the fiduciary's appointment a full inventory of the real and personal property to be entrusted with the fiduciary, its value, and the value of the yearly rent of the real property.
Except as provided by section 2115.16 of the Revised Code, exceptions to the inventory of a fiduciary may be filed at any time within six months after the return of the inventory by any person interested in the entrusted property or in any of the property included in the inventory, but the six-month period shall not apply in case of fraud or concealment of assets. At the hearing, the fiduciary and any witness may be examined under oath. The probate court shall enter its finding on the journal and tax the costs as may be equitable.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.59 | Failure of Fiduciary to Make Payment or Distribution.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a fiduciary, upon demand, refuses or neglects to pay any creditor whose claim has been allowed by the fiduciary and not subsequently rejected or to pay any creditor or make distribution to any person interested in the estate whose claim or interest has been established by judgment, decree, or order of court, including an order of distribution, the creditor or other person may file a petition against the fiduciary in the probate court from which the fiduciary received the fiduciary's appointment to enforce the payment or distribution, briefly setting forth in the petition the amount and nature of the creditor's or other person's claim or interest. The petition shall not be filed against an executor or administrator until the expiration of the period prescribed in section 2117.30 of the Revised Code.
When the petition is filed, the probate court shall issue a citation to the fiduciary setting forth the filing of the petition and the nature of the claim of the petitioner and commanding the fiduciary to appear before the court on the return day to answer and show cause why a judgment should not be rendered or order entered against the fiduciary. The citation shall be returnable not less than twenty nor more than forty days from its date and shall be served and returned by an officer as in the case of summons. The citation may issue to any county in the state.
On the return of the citation, the cause shall be set for hearing, unless for good cause shown it is continued. The probate court may hear and determine all questions necessary to ascertain and fix the amount due from the fiduciary to the petitioner and render the judgment or make the order that may be proper. If necessary, the court may hear, determine, and settle the rights and claims of all parties interested in the subject matter of the petition. For that purpose the probate court may allow all parties in interest to be made parties to the petition by amended, supplemental, or cross-petition. The court shall cause notice to be served on all the parties in the manner provided in this section for service of the citation upon the fiduciary.
In any proceeding under this section, the sureties on the bond of the fiduciary, if made parties to the proceeding, may make any defense that the fiduciary could make and the court may render the judgment or make the order with respect to the sureties that may be proper.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.60 | Probate Court May Send Case to the Court of Common Pleas.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a proceeding set forth in section 2109.59 of the Revised Code is pending in the probate court, the court, on motion of any party or on the court's own motion, may transfer the cause to the court of common pleas, and the court of common pleas shall hear, settle, and determine all issues as provided in that section. In case of the transfer, the probate court shall prepare a transcript of the proceedings in the cause, so far as it has progressed, that, with the petition and other papers in the proceedings, shall be filed with the clerk of the court of common pleas.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.041 | Investigating Circumstances of Alleged Incompetent.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) At the time of the service of notice upon an alleged incompetent, as required by division (A)(2)(a) of section 2111.04 of the Revised Code, the court shall require a regular probate court investigator appointed or designated under section 2101.11 of the Revised Code or appoint a temporary probate court investigator to investigate the circumstances of the alleged incompetent, and, to the maximum extent feasible, to communicate to the alleged incompetent in a language or method of communication that the alleged incompetent can understand, the alleged incompetent's rights as specified in that division, and subsequently to file with the court a report that contains all of the following:
(1) A statement indicating that the notice was served and describing the extent to which 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 were communicated to the alleged incompetent in a language or method of communication understandable to the alleged incompetent;
(2) A brief description, as observed by the investigator, of the physical and mental condition of the alleged incompetent;
(3) A recommendation regarding the necessity for a guardianship or a less restrictive alternative;
(4) A recommendation regarding the necessity of appointing pursuant to section 2111.031 of the Revised Code, an attorney to represent the alleged incompetent.
(B) The report that is required by division (A) of this section shall be made a part of the record in the case and shall be considered by the court prior to establishing any guardianship for the alleged incompetent.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.042 | Investigating and Report Regarding Guardianship of Minor.

Effective:
November 9, 1994
Latest Legislation:
House Bill 457 - 120th General Assembly
(A) In connection with the appointment of a guardian for a minor or the functioning of the guardianship of a minor, the court may appoint a regular probate court investigator appointed or designated under section 2101.11 of the Revised Code or appoint a temporary probate court investigator to investigate the need for, or the circumstances of, the guardianship and to file with the court a report that contains all of the following:
(1) A brief description, as observed by the investigator, of the physical and mental condition of the minor;
(2) If a guardian already has been appointed, a brief description, as observed by the investigator, of the circumstances and functioning of the guardianship;
(3) If no guardian has been appointed, a brief recommendation regarding the necessity for a guardianship.
(B) The report that is required pursuant to division (A) of this section shall be made part of the record in the case and shall be considered by the court prior to establishing any guardianship for the minor, if no guardianship has been established, and prior to making any change in the guardianship or the functioning of the guardianship, if a guardian already has been appointed.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.05 | Termination of Guardianship Based on Value of Ward's Estate.

Effective:
March 24, 2010
Latest Legislation:
Senate Bill 106 - 128th General Assembly
When the whole estate of a ward does not exceed twenty-five thousand dollars in value, the guardian may apply to the probate court for an order to terminate the guardianship. Upon proof that it would be for the best interest of the ward to terminate the guardianship, the court may order the guardianship terminated, and direct the guardian, if the ward is a minor, to deposit the assets of the guardianship in a depository authorized to receive fiduciary funds, payable to the ward when the ward attains majority, or the court may authorize the delivery of the assets to the natural guardian of the minor, to the person by whom the minor is maintained, to the executive director of children services in the county, or to the minor's own self.
If the ward is an incompetent, and the court orders the guardianship terminated, the court may authorize the deposit of the assets of the guardianship in a depository authorized to receive fiduciary funds in the name of a suitable person to be designated by the court, or if the assets do not consist of money, the court may authorize delivery to a suitable person to be designated by the court. The person receiving the assets shall hold and dispose of them in the manner the court directs.
If the court refuses to grant the application to terminate the guardianship, or if no such application is presented to the court, the guardian only shall be required to render account upon the termination of the guardianship, upon order of the probate court made upon its own motion, or upon the order of the court made on the motion of a person interested in the wards or their property, for good cause shown, and set forth upon the journal of the court.
If the estate is twenty-five thousand dollars or less and the ward is a minor, the court, without the appointment of a guardian by the court, or the giving of bond, may authorize the deposit in a depository authorized to receive fiduciary funds, payable to the guardian when appointed, or to the ward when the ward attains majority, or the court may authorize delivery to the natural guardian of the minor, to the person by whom the minor is maintained, to the executive director who is responsible for the administration of children services in the county, or to the minor's own self.
If the whole estate of a person over eighteen years of age, who has been adjudged incompetent, does not exceed twenty-five thousand dollars in value, the court, without the appointment of a guardian by the court or the giving of bond, may authorize the deposit of the estate in a depository authorized to receive fiduciary funds in the name of a suitable person to be designated by the court, or if the assets do not consist of money, the court may authorize delivery to a suitable person to be designated by the court. The person receiving the assets shall hold and dispose of them in the manner the court directs.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.06 | Guardian of the Person.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If the powers of the person appointed as guardian of a minor or incompetent are not limited by the order of appointment, the person shall be guardian both of the person and estate of the ward. In every instance the court shall appoint the same person as guardian of the person and estate of the ward, unless in the opinion of the court the interests of the ward will be promoted by the appointment of different persons as guardians of the person and of the estate.
A guardian of the person of a minor shall be appointed as to a minor having no father or mother, whose parents are unsuitable persons to have the custody of the minor and to provide for the education of the minor as required by section 3321.01 of the Revised Code, or whose interests, in the opinion of the court, will be promoted by the appointment of a guardian. A guardian of the person shall have the custody and provide for the maintenance of the ward, and if the ward is a minor, the guardian shall also provide for the education of the ward as required by section 3321.01 of the Revised Code.
Before exercising its jurisdiction to appoint a guardian of a minor, the court shall comply with the jurisdictional standards of sections 3127.01 to 3127.53 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.07 | Powers of Guardian of Person and Estate.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Each person appointed guardian of the person and estate of a minor shall have the custody of the ward, the obligation to provide for the education of the ward as required under section 3321.01 of the Revised Code, and the management of the ward's estate during minority, unless the guardian is removed or discharged from that trust or the guardianship terminates from any of the causes specified in Chapters 2101. to 2131. of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.08 | Parents Are Natural Guardians.

Effective:
April 11, 1991
Latest Legislation:
Senate Bill 3 - 118th General Assembly
The wife and husband are the joint natural guardians of their minor children and are equally charged with their care, nurture, welfare, and education and the care and management of their estates. The wife and husband have equal powers, rights, and duties and neither parent has any right paramount to the right of the other concerning the parental rights and responsibilities for the care of the minor or the right to be the residential parent and legal custodian of the minor, the control of the services or the earnings of such minor, or any other matter affecting the minor; provided that if either parent, to the exclusion of the other, is maintaining and supporting the child, that parent shall have the paramount right to control the services and earnings of the child. Neither parent shall forcibly take a child from the guardianship of the parent who is the residential parent and legal custodian of the child.
If the wife and husband live apart, the court may award the guardianship of a minor to either parent, and the state in which the parent who is the residential parent and legal custodian or who otherwise has the lawful custody of the minor resides has jurisdiction to determine questions concerning the minor's guardianship.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.09 | Administrator or Executor Ineligible to Be Appointed Guardian.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Unless expressly appointed or designated to act both as guardian and executor by a will in writing, no person who is or has been an administrator or executor of a will shall, prior to the approval of the person's final account as executor or administrator, be appointed a guardian of the person and estate or of the estate only of a ward who is interested in the estate administered upon or entitled to an interest under the will, except that a surviving spouse may be executor or administrator of the deceased spouse's estate and also guardian of the person and estate or of the estate only of a minor child of the surviving spouse, whether or not the minor child is interested in the estate of the deceased spouse. However, an executor or an administrator may be appointed a guardian of the person only of a ward.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.091 | Restrictions on Attorney Representing Guardian.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
No attorney who represents any other person and who is appointed as a guardian under this chapter or under any other provision of the Revised Code shall do either of the following:
(A) Act as a person with co-responsibility for any guardianship asset for which the guardian is responsible;
(B) Be a cosignatory on any financial account related to the guardianship, including any checking account, savings account, or other banking or trust account.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.10 | Corporation as Guardian.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
(A) As used in this section, "developmental disability" has the same meaning as in section 5123.01 of the Revised Code.
(B) Any appointment of a corporation as guardian shall apply to the estate only and not to the person, except when either of the following applies:
(1) A nonprofit corporation organized under the laws of this state and entitled to tax exempt status under section 501(a) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501 that has a contract with the department of developmental disabilities to provide protective services may be appointed as a guardian of a person with a developmental disability and may serve as guardian pursuant to sections 5123.55 to 5123.59 of the Revised Code.
(2) A nonprofit corporation domiciled in this state and organized under the laws of this state and entitled to tax exempt status under section 501(a) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501 may be appointed as a guardian of the person of an incompetent when certified by the probate court to receive such an appointment. The probate court shall certify that nonprofit corporation and any individual acting as a guardian on behalf of the nonprofit corporation upon meeting the requirements for serving as a guardian as prescribed by the supreme court in the Rules of Superintendence for the Courts of Ohio and the rules of court adopted by the probate court of the county exercising jurisdiction over the incompetent. A nonprofit corporation appointed as guardian of the person of an incompetent shall not be the residential caregiver, health care provider, or employer of the incompetent.
Last updated May 20, 2021 at 2:10 PM