reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.11 | Spouse May Be Appointed Guardian.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a guardian is appointed for a person having a spouse, the court may appoint such spouse as the guardian, if it is made to appear to the satisfaction of the court that such spouse is competent to discharge the duties of such appointment.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.12 | Guardian of Minor.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 124, Senate Bill 117 - 129th General Assembly
(A) A minor over the age of fourteen years may select a guardian who shall be appointed if a suitable person. If a minor over the age of fourteen years fails to select a suitable person, an appointment may be made without reference to the minor's wishes. The minor shall not select one person to be the guardian of the minor's estate only and another to be the guardian of the person only, unless the court that appoints the guardian is of the opinion that the interests of that minor will be promoted by that selection.
(B) A surviving parent by a will in writing may appoint a guardian for any of the surviving parent's children, whether born at the time of making the will or afterward, to continue during the minority of the child or for a less time.
When the father or mother of a minor names a person as guardian of the estate of that minor in a will, the person named shall have preference in appointment over the person selected by the minor. A person named in that will as guardian of the person of that minor shall have no preference in appointment over the person selected by the minor, but in that event the probate court may appoint the person named in the will, the person selected by the minor, or some other person.
Whenever a testamentary guardian is appointed, the testamentary guardian's duties, powers, and liabilities in all other respects shall be governed by the law regulating guardians not appointed by will.
(C) A parent pursuant to a durable power of attorney under section 1337.24 or a writing as described in division (A) of section 2111.121 of the Revised Code may nominate a person to be a guardian for one or more of the parent's minor children, whether born at the time of the making of the nomination or afterward.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.13 | Duties of Guardian of Person.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
(A) When a guardian is appointed to have the custody and maintenance of a ward, and to have charge of the education of the ward if the ward is a minor, the guardian's duties are as follows:
(1) To protect and control the person of the ward;
(2) To provide suitable maintenance for the ward when necessary, which shall be paid out of the estate of such ward upon the order of the guardian of the person;
(3) To provide such maintenance and education for such ward as the amount of the ward's estate justifies when the ward is a minor and has no father or mother, or has a father or mother who fails to maintain or educate the ward, which shall be paid out of such ward's estate upon the order of the guardian of the person;
(4) To obey all the orders and judgments of the probate court touching the guardianship.
(B) Except as provided in section 2111.131 of the Revised Code, no part of the ward's estate shall be used for the support, maintenance, or education of such ward unless ordered and approved by the court.
(C) A guardian of the person may authorize or approve the provision to the ward of medical, health, or other professional care, counsel, treatment, or services unless the ward or an interested party files objections with the probate court, or the court, by rule or order, provides otherwise.
(D) Unless a person with the right of disposition for a ward under section 2108.70 or 2108.81 of the Revised Code has made a decision regarding whether or not consent to an autopsy or post-mortem examination on the body of the deceased ward under section 2108.50 of the Revised Code shall be given, a guardian of the person of a ward who has died may consent to the autopsy or post-mortem examination.
(E) If a deceased ward did not have a guardian of the estate, the estate is not required to be administered by a probate court, and a person with the right of disposition for a ward, as described in section 2108.70 or 2108.81 of the Revised Code, has not made a decision regarding the disposition of the ward's body or remains, the guardian of the person of the ward may authorize the burial or cremation of the ward.
(F) A guardian who gives consent or authorization as described in divisions (D) and (E) of this section shall notify the probate court as soon as possible after giving the consent or authorization.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.131 | Court Order for Payments of No More Than $5,000 Due to Minor.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
(A) The probate court may enter an order that authorizes a person under a duty to pay or deliver money or personal property to a minor who does not have a guardian of the person and estate or a guardian of the estate, to perform that duty in amounts not exceeding five thousand dollars annually, by paying or delivering the money or property to any of the following:
(1) The guardian of the person only of the minor;
(2) The minor's natural guardians, if any, as determined pursuant to section 2111.08 of the Revised Code;
(3) The minor;
(4) Any person who has the care and custody of the minor and with whom the minor resides, other than a guardian of the person only or a natural guardian;
(5) A financial institution incident to a deposit in a federally insured savings account in the sole name of the minor;
(6) A custodian designated by the court in its order, for the minor under sections 5814.01 to 5814.10 of the Revised Code.
(B) An order entered pursuant to division (A) of this section authorizes the person or entity specified in it, to receive the money or personal property on behalf of the minor from the person under the duty to pay or deliver it, in amounts not exceeding five thousand dollars annually. Money or personal property so received by guardians of the person only, natural guardians, and custodians as described in division (A)(4) of this section may be used by them only for the support, maintenance, or education of the minor involved. The order of the court is prima-facie evidence that a guardian of the person only, a natural guardian, or a custodian as described in division (A)(4) of this section has the authority to use the money or personal property received.
(C) A person who pays or delivers moneys or personal property in accordance with a court order entered pursuant to division (A) of this section is not responsible for the proper application of the moneys or property by the recipient.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.14 | Duties of Guardian of Estate.

Effective:
September 8, 2016
Latest Legislation:
House Bill 166 - 131st General Assembly
(A) In addition to a guardian's other duties, every guardian appointed to take care of the estate of a ward shall have the following duties:
(1) To make and file within three months after the guardian's appointment a full inventory of the real and personal property of the ward, its value, and the value of the yearly rent of the real property, provided that, if the guardian fails to file the inventory for thirty days after having been notified of the expiration of the time by the probate judge, the judge shall remove the guardian and appoint a successor;
(2) To manage the estate for the best interest of the ward;
(3) To pay all just debts due from the ward out of the estate in the possession or under the control of the guardian, collect all debts due to the ward, compound doubtful debts, and appear for and defend, or cause to be defended, all suits against the ward;
(4) To obey all orders and judgments of the courts touching the guardianship;
(5) To bring suit for the ward when a suit is in the best interests of the ward;
(6) To settle and adjust, when necessary or desirable, the assets that the guardian may receive in kind from an executor or administrator to the greatest advantage of the ward. Before a settlement and adjustment is valid and binding, it shall be approved by the probate court and the approval shall be entered on its journal. The guardian also shall have the approval of the probate court to hold the assets as received from the executor or administrator or to hold what may be received in the settlement and adjustment of those assets.
(B) No guardian appointed to take care of the estate of a ward may open a safety deposit box held in the name of the ward until the probate court issues a release to the guardian permitting the guardian to have access to the safety deposit box, which the court shall issue upon the guardian filing a request to obtain that access.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.141 | Inventory to Be Supported by Evidence.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The court, by order or rule, may require that any inventory filed by a guardian pursuant to section 2111.14 of the Revised Code be supported by evidence that the inventory is a true and accurate inventory of the estate of the ward of the guardian. The evidence may include, but is not limited to, prior income tax returns, bank statements, and social security records of the ward or other documents that are relevant to determining the accuracy of the inventory. In order to verify the accuracy of an inventory, the court may order a guardian to produce any additional evidence that may tend to prove that the guardian is in possession of or has knowledge of assets that belong to the estate of the ward and that have not been included in the guardianship inventory. The additional evidence may include, but is not limited to, the guardian's income tax returns and bank statements and any other documents that are relevant to determining the accuracy of an inventory. The court may assign court employees or appoint an examiner to verify an inventory filed by a guardian. Upon appointment, the assigned court employees or appointed examiner shall conduct an investigation to verify the accuracy of the inventory filed by the guardian. Upon order of the court, the assigned court employees or appointed examiner may subpoena any documents necessary for the investigation. Upon completion of the investigation, the assigned court employees or appointed examiner shall file a report with the court. The court shall hold a hearing on the report with notice to all interested parties. At the hearing, the guardian shall have the right to examine and cross-examine any assigned court employees or appointed examiner who conducted the investigation and filed the report that is the subject of the hearing. The court shall charge any costs associated with the verification of an inventory filed by a guardian against the estate of the ward, except that, if the court determines that the guardian wrongfully withheld, or aided in the wrongful withholding, of assets from the inventory filed by the guardian, the court shall charge the costs against the guardian.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.15 | Duties of Guardian of Person and Estate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a person is appointed to have the custody of the person and to take charge of the estate of a ward, such person shall have all the duties required of a guardian of the estate and of a guardian of the person.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.151 | Liability of Guardian or Conservator as to Contracts and Debts.

Effective:
October 1, 1996
Latest Legislation:
House Bill 391 - 121st General Assembly
(A) If a guardian of the estate, a guardian of the person and estate, a guardian of the person, or a conservator enters into a contract in the representative capacity of the guardian or conservator, if the contract is within the authority of the guardian or conservator, and if the guardian or conservator discloses in the contract that it is being entered into in the representative capacity of the guardian or conservator, the guardian or conservator is not personally liable on the contract, unless the contract otherwise specifies. If the words "guardian," "as guardian," "conservator," "as conservator," or any other word or words indicating representative capacity as a guardian of the estate, a guardian of the person and estate, a guardian of the person, or a conservator are included in a contract following the name or signature of the guardian or conservator, the inclusion is sufficient disclosure for purposes of this division that the contract is being entered into in the guardian's representative capacity as guardian of the estate, guardian of the person and the estate, or guardian of the person or is being entered into in the conservator's representative capacity as conservator.
(B) A guardian of the estate, a guardian of the person and estate, a guardian of the person, or a conservator is not personally liable for any debt of the ward or, in the case of a conservator, the physically infirm, competent adult, unless one or more of the following applies:
(1) The guardian or conservator agrees to be personally responsible for the debt.
(2) The debt was incurred for the support of the ward or the physically infirm, competent adult, and the guardian or conservator is liable for that debt because of another legal relationship that gives rise to or results in a duty of support relative to the ward or the physically infirm, competent adult.
(3) The negligence of the guardian or conservator gave rise to or resulted in the debt.
(4) An act of the guardian or conservator that was beyond the guardian's or conservator's authority gave rise to or resulted in the debt.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.16 | Certain Vouchers Not Allowed as Credits.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Unless previously authorized by the court, no voucher that is signed or purports to be signed by the ward shall be received from or allowed as a credit in the settlement of a guardian's account.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.17 | Suits by Guardians.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
A guardian may sue in the guardian's own name, describing the guardian as suing on behalf of the ward. When the guardianship ceases, actions or proceedings then pending shall not abate, if the right survives. The guardian's successor as guardian, the executor or administrator of the ward, or the ward, if the guardianship has terminated other than by the ward's death, shall be made party to the suit or other proceeding as the case requires, in the same manner an executor or administrator is made a party to a similar suit or proceeding if the plaintiff dies during its pendency.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.18 | Claim for Injury to Ward or Damage to Property - Settlement.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 202 - 134th General Assembly
If personal injury, damage to tangible or intangible property, or damage or loss on account of personal injury or damage to tangible or intangible property is caused to a ward by wrongful act, neglect, or default that would entitle the ward to maintain an action and recover damages for the injury, damage, or loss, and when any ward is entitled to maintain an action for damages or any other relief based on any claim or is subject to any claim to recover damages or any other relief based on any claim, the guardian of the estate of the ward may adjust and settle the claim with the advice, approval, and consent of the probate court. If it is proposed that a claim be settled for the net amount of twenty-five thousand dollars or less after payment of fees and expenses as allowed by the court, the court, upon application by any suitable person whom the court may authorize to receive and receipt for the settlement, may authorize the settlement without the appointment of a guardian and authorize the delivery of the moneys as provided in section 2111.05 of the Revised Code. The court may authorize the person receiving the moneys to execute a complete release on account of the receipt. The payment shall be a complete and final discharge of that claim. In the settlement, if the ward is a minor, the parent or parents of the minor may waive all claim for damages on account of loss of service of the minor, and that claim may be included in the settlement. If the claimant is a minor, records of proceedings pursuant to this section are not subject to disclosure to any person who is not a party to the settlement, or made available for publication or inspection, except upon motion and show of good cause.
Last updated March 3, 2023 at 2:04 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.181 | Settlement of Claim of Emancipated Minor.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If personal injury, damage to tangible or intangible property, or damage or loss on account of personal injury or damage to tangible or intangible property is caused to a minor who claims to be emancipated, by wrongful act, neglect, or default that would entitle the minor to maintain an action and recover damages for the injury, damage, or loss, and if any minor who claims to be emancipated is entitled to maintain an action for damages or any other relief based on any claim, or is subject to any claim to recover damages or any other relief based on any claim, the minor who claims to be emancipated may file an application in the probate court in the county where the minor then resides, praying for a finding by the court that the minor is in fact emancipated, and authorizing, approving, and consenting to the settlement of the claim by the minor without the appointment of a guardian. Upon hearing on the application, after five days' written notice of the time and place of the hearing has been given to each of the living parents of the minor, whose name and address is known, provided the parent is free from disability other than minority, or, if there is no living parent, after that notice to the next of kin of the minor known to reside in the county, the court may find the minor to be emancipated, may authorize, approve, and consent to the settlement of the claim by the minor without the appointment of a guardian, may authorize the minor to receive and receipt for the settlement, and, upon the minor executing and delivering a full and complete release for the injuries, damages, losses, or claims, may authorize the delivery and payment of the moneys to the minor, to a trustee or guardian of the estate of the minor appointed by the court for the benefit of the minor, or to a depository authorized to receive fiduciary funds to hold the moneys payable to the ward when the ward attains majority, or for the benefit of the minor, as the court may direct.
Upon the finding of the probate court that the minor was, at the time of the injury, damage, loss, or claim, an emancipated minor, and provided the notice required by this section has been given to each living parent, whose name and address is known, then the release executed by the emancipated minor shall be a full and complete discharge and release of any claim that either or both of the parents might have by reason of the personal injury, damage to tangible or intangible property, damage or loss on account of personal injury, or damage to tangible or intangible property, or any other claim of the minor.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.182 | Order for Portion of Funds to Minor Be Deposited in Trust.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
If a minor is entitled to money or property whether by settlement or judgment for personal injury or damage to tangible or intangible property, inheritance or otherwise, the probate court may order that all or a portion of the amount received by the minor be deposited into a trust for the benefit of that beneficiary until the beneficiary reaches twenty-five years of age, and order the distribution of the amount in accordance with the provisions of the trust. Prior to the appointment as a trustee of a trust created pursuant to this section, the person to be appointed shall be approved by a parent or guardian of the minor beneficiary of the trust, unless otherwise ordered by the probate court.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.19 | Completion of Real Property Contracts.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
A guardian, whether appointed by a court in this state or elsewhere, may complete the contracts of the ward for the purchase or sale of real property or any authorized contract relating to real property entered into by a guardian who has died or been removed. The appointed guardian shall proceed in the manner provided by sections 2113.48 to 2113.50 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.20 | Sale of Personal Estate.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The guardian of the person and estate, or of the estate only, may sell all or any part of the personal property of the ward if the sale is for the interest of the ward.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.21 | Sale, Compromise, Adjustment, or Mortgage of Dower.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The guardian of a ward who has or is claimed to have a right of dower, or a contingent right to it, in real property of which the spouse of the ward was or is seized as an estate of inheritance, if the dower has not been assigned, may sell, compromise, or adjust the dower or may release the contingent right of dower in the event the spouse of the ward desires to mortgage the property upon the terms that the guardian considers for the interest of the ward and upon the terms that the probate court of the county in which the guardian was appointed approves, or if the guardian was appointed to a foreign state, upon the terms that the probate court of the county in which the real property is situated approves. After the approval, the guardian may execute and deliver all the necessary deeds, mortgages, releases, and agreements for the sale, compromise, assignment, or mortgage of the dower or contingent right to dower. As a basis for computing the value of an inchoate dower right in any sale, compromise, or adjustment pursuant to this section, the value of the real property may be considered to be the sale price or, if there is no sale, the appraised value. The sale, compromise, adjustment, or mortgage may be made upon application and entry in the pending proceedings.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.22 | Release of Ward's Tax Title by Guardian.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a ward has title to real property by tax title only, the guardian, by deed of release and quitclaim, may convey the ward's interest or title to the person entitled to redeem the real property, upon receiving from that person the amount paid for the tax title with the forfeiture and interest allowed by sections 319.52 and 323.121 of the Revised Code. If the guardian tenders that deed to the person entitled to redeem the real property and the person so entitled refuses to accept and pay for it, the person entitled shall not recover costs in any proceeding thereafter instituted to redeem the real property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.23 | Guardian Ad Litem.

Effective:
October 16, 1953
Latest Legislation:
Senate Bill 40 - 100th General Assembly
Whenever a ward, for whom a guardian of the estate or of the person and estate has been appointed, is interested in any suit or proceeding in the probate court, such guardian shall in all such suits or proceedings act as guardian ad litem for such ward, except as to suits or proceedings in which the guardian has an adverse interest. Whenever a minor or other person under legal disability, for whom no guardian of the estate or of the person and estate has been appointed, is interested in any suit or proceeding in such court, the court may appoint a guardian or a guardian ad litem. In a suit or proceeding in which the guardian has an adverse interest, the court shall appoint a guardian ad litem to represent such minor or other person under legal disability.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.24 | Insolvency of Ward.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the probate court finds that the estate of a ward is insolvent or will probably be insolvent, such estate shall be settled by the guardian in like manner as for the settlement of the insolvent estate of a deceased person under section 2117.15 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.25 | Lease for Not More Than Three Years.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
A guardian of the person and estate or of the estate only, without application to the probate court, may lease the possession or use of any real property of the ward for a term not exceeding three years, provided the term does not extend beyond the minority, if the ward is a minor. If the lease extends beyond the death of the ward or beyond the removal of the disability of a ward other than a minor, the lease shall terminate on that death or removal of disability, unless confirmed by the ward or the ward's legal representatives. In the event of such determination, the tenant shall have a lien on the premises for any sum expended by the tenant in pursuance of the lease in making improvements for which compensation was not made in rent or otherwise.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.26 | Lease for Term of Years.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
A guardian may lease the possession and use of the real property of the guardian's ward or any part of it for a term of years, renewable or otherwise, by perpetual lease, with or without the privilege of purchase, or may lease upon the terms and for the time that the probate court approves any lands belonging to the ward containing coal, gypsum, petroleum oil, natural gas, gravel, stone, or any other mineral substance for the purpose of drilling, mining, or excavating for and removing any of those substances, or the guardian may modify or change in any respect any lease previously made.
The lease, or modification or change in a lease previously made, may be made when the guardian of the person and estate or of the estate only applies to the court by which the guardian was appointed and the court finds that the lease or modification or change is necessary for the support of the ward or of the ward's family, for the payment of the just debts of the ward, for the ward's education, if a minor, to secure the improvement of the real property of the ward and increase the rent, to pay any liens or claims against the real property, if the court finds that the real property is suffering unavoidable waste, or that in any other respect it will be for the best interests of the ward or those persons for whom the ward is required by law to provide.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.27 | Petition.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
A guardian's application for authority to lease real property of a ward shall be by petition setting forth the following:
(A) The legal capacity of the petitioner;
(B) The name of the ward, the character of the ward's disability, and if it is incompetence, whether the disability is curable or not, temporary, or confirmed, and its duration;
(C) The number, names, ages, and residence of the family of the ward, including the spouse and those residents of the county who have the next estate of inheritance from the ward, all of whom, as well as the ward, shall be made defendants;
(D) The indebtedness of the ward, the expense of supporting and maintaining the ward, the expense of educating the ward if the ward is a minor, and any other expense of the ward;
(E) The value of all the property and effects of the ward including the real property proposed to be leased;
(F) The income of the ward and the net annual value to the ward of the real property proposed to be leased;
(G) A description of the real property proposed to be leased and the probable amount for which the real property can be leased;
(H) A detailed statement of the improvements proposed to be made to the real property sought to be leased;
(I) The reasons for the proposed lease and the terms, covenants, conditions, and stipulations of the proposed lease, including the time for which it is proposed the real property should be leased;
(J) Any other facts necessary to apprise the court fully of the necessity or benefit to the ward or the estate of the proposed lease, or any other facts that may be required by the court;
(K) A prayer for the proper authority.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.28 | Parties.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
In an application for authority to lease real property of a ward under sections 2111.26 and 2111.27 of the Revised Code, the guardian may act for two or more wards and two or more guardians of different wards may unite if all the wards are jointly or in common interested in the real property. If the same person is guardian of two or more wards owning lands in common, the wards may be joined as defendants in the same petition under section 2111.27 of the Revised Code.
The ward's spouse shall be made a defendant to the petition, and if the proposed lease is for the purpose of mining or removing mineral or other substances and the spouse files an answer consenting to the lease, free and discharged of all right and expectancy of dower, the answer shall be a full release of the spouse's expectancy of dower when the lease is confirmed. Unless in the answer an allowance in lieu of dower is waived, the court shall allow, out of the proceeds of the lease, a sum in money that is the just and reasonable value of the expectancy of dower.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.29 | Parties and Proceedings.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a guardian files an application for authority to lease the real property of a ward, the same rules shall apply as to the parties and, upon the filing of the petition described in section 2111.27 of the Revised Code, similar proceedings shall be had as in an action to sell real property belonging to the ward under sections 2127.01 to 2127.43 of the Revised Code, including services of summons, notice, appraisal, pleading, rule days, and proof.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.30 | Duties of Appraisers.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a guardian applies for authority to lease the real property of a ward, the duties of the appraisers shall be the same as in proceedings to sell real property belonging to the ward under sections 2127.22 and 2127.23 of the Revised Code, except that they shall appraise not only the value of the real property but also the value of the annual rental upon the terms, covenants, conditions, and stipulations of the proposed lease. If the proposed lease is for the mining or removal of mineral or other substances, the appraisers shall report in writing to the probate court their opinion as to the probability of the lands containing those substances, the probable quantity of the substances, and the terms upon which it would be advantageous to the ward to lease the lands for mining or removing the substances. In their report the appraisers shall state whether in their opinion, the proposed lease will be for the best interests of the ward, those whom the ward is required by law to support, or the estate. They may also suggest any change in the terms, covenants, and stipulations proposed in the petition. The report of the appraisers shall be returned on or before the day named in the order for the final hearing of the case. On the return of the appraisement, the guardian need not give an additional bond, but in case of sale under the terms of the lease, the guardian shall give the additional bond before the confirmation of the sale.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.31 | Hearing and Order.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If the report of the appraisers under section 2111.30 of the Revised Code is favorable to the lease and on the final hearing the court is of the opinion that it will be to the advantage of the ward, those whom the ward is required by law to support, or the estate to lease the real property, the probate court shall make an order authorizing the lease to be made by public or private letting, as it considers best, on the terms, covenants, conditions, and stipulations, either in accordance with those set forth in the petition or otherwise, that it directs, provided the terms, covenants, conditions, and stipulations are not less favorable to the ward than those reported by the appraisers. The lease shall not take effect until the lease and the security, if any, prescribed in the lease are approved and confirmed.
The lease made pursuant to the court order may provide that the improvements shall be made by the tenant as part of the rent, or by the guardian, either out of the rent or other means of the ward as the court directs.
If the lease is for the mining or removal of mineral or other substances and the guardian is unable to lease the lands upon the terms ordered, the guardian may report the fact to the court and the court may change the terms of leasing, but not below the customary royalty in the vicinity of the lands.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.32 | Royalty.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the lease made pursuant to court order, under section 2111.31 of the Revised Code is for the mining or removal of mineral or other substances on a royalty basis, within six months after the receipt of the first royalty under such lease the guardian shall report to the probate court the amount thereof and the court shall then fix a bond which will cover such royalty. At any time the court deems the bond insufficient to secure the royalty, it may increase such bond or require a new one.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.33 | Guardian May Improve Real Property - Petition.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) A guardian may use the moneys and personal property of the guardian's ward to improve the ward's real property. The guardian shall file in the probate court in which the guardian was appointed a petition containing the following:
(1) A description of the premises to be improved;
(2) The amount of rent the premises yield at the time the petition is filed;
(3) In what manner the improvement is proposed to be made;
(4) The proposed expenditures for the improvement;
(5) The rent the premises will probably yield when so improved;
(6) A statement of the value of the ward's personal property;
(7) Other facts that are pertinent to the question whether the improvement should be made;
(8) A prayer that the guardian be authorized to use so much of the ward's money and personal property that is necessary to make the improvement;
(9) The character of the disability of the ward, and if it is incompetency, whether the disability is curable or not, temporary, or confirmed, and its duration;
(10) The names, ages, and residence of the family of the ward, including the spouse and those known to be residents of the county who have the next estate of inheritance from the ward. All of those persons, as well as the ward, shall be made defendants and notified of the pendency and prayer of the petition in the manner that the court directs.
(B) If the property is so situated that, to the best interests of the ward's estate, it can be advantageously improved in connection with the improvement of property adjacent to it, the petition shall show this and have a prayer to so improve the property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.34 | Proceedings.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Upon the filing of the petition described in section 2111.33 of the Revised Code, similar proceedings shall be had as to pleadings and proof as on petition by a guardian to sell the real property of a ward under sections 2127.01 to 2127.43 of the Revised Code. The probate court shall appoint three disinterested freeholders of the county as commissioners to examine the premises to be improved, to examine the surroundings, and to report to the court their opinion whether the improvement proposed will be advantageous to the estate of the ward.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.35 | Amount to Be Used for Improvement.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
On the final hearing of a guardian's proceeding to improve the real property of the guardian's ward, if the prayer of the petition is granted, the probate court shall fix the amount of money and personal property that may be used in making the improvement. The court may authorize the guardian to unite with the owners of adjacent property, upon equitable terms and conditions that the court approves, for the improvement of the premises of the ward and for the proper management and repair of the property when so improved.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.36 | Guardian's Report.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
A guardian shall distinctly report to the probate court the amount of money and personal property expended in making an improvement to the ward's real property under section 2111.35 of the Revised Code, within forty days after the improvement is completed. If the ward dies before the removal of the disability and there are heirs who inherit real property only from the ward, the money expended shall descend and pass in the same manner as the ward's other personal property and shall be a charge on the premises improved in favor of the heirs who inherit the personal property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.37 | Guardian for Nonresident.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a nonresident minor, incompetent, or person confined in a state, charitable, or correctional institution has real property or rights, credits, moneys, or other personal property in this state, the probate court of the county in which the property or a part of it is situated may appoint a resident guardian of the ward to manage, collect, lease, and take care of the ward's property. The appointment may be made whether or not a ward has a guardian, trustee, or other conservator in the state of the ward's residence, and, if the ward has a guardian, trustee, or other conservator in the state of the ward's residence, the control and authority of the resident guardian appointed in this state shall be superior as to all property of the ward in this state.
The first appointment of a resident guardian of a nonresident ward shall extend to all the property and effects of the ward in this state and exclude the jurisdiction of the probate court of any other county.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.38 | Bond and Duties.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The resident guardian of a nonresident ward shall give bond and be bound and controlled by all the statutes of this state as though the resident guardian were a guardian of a ward resident in this state, and shall have all of the authority of a guardian of a resident ward including the authority to lease or sell real property belonging to the ward.
Unless removed by the probate court, a resident guardian of a nonresident minor shall hold that appointment until the minor dies or arrives at the age of majority, whether or not the minor is over fourteen years of age at the time of appointment. A resident guardian of any other nonresident ward shall hold that appointment until the death of the ward or until the court is satisfied that the necessity for the guardianship no longer exists.
All moneys due to the nonresident ward while the resident guardianship continues shall be paid over to the ward's foreign guardian so far as necessary or proper for the ward's support and maintenance. If the ward dies, the moneys shall be paid to the ward's ancillary administrator or other legal representative, provided that the court that appointed the resident guardian has satisfactory proof, as provided by section 2111.39 of the Revised Code, of the authority of the foreign guardian, administrator, or other legal representative to receive the moneys or properties of the nonresident ward, that the security given by the foreign guardian, administrator, or other legal representative is sufficient to protect the ward's interest or estate, and that the court considers it best for the ward or the ward's estate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.39 | Foreign Guardian May Collect Money.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a foreign legal representative of a nonresident ward applies to have all or any of the moneys or property in the possession or under the control of the resident guardian of the ward paid or delivered to the foreign representative, the foreign representative shall file a petition or motion in the probate court by which the resident guardian was appointed. The resident guardian shall be given thirty days' notice of the time of hearing on the petition or motion, and the foreign representative shall produce an exemplification under the seal of the office, if there is a seal, of the proper court of the state of the foreign representative's residence containing all the entries on record in relation to the foreign representative's appointment and qualification, authenticated as required by the act of congress in those cases. Upon the hearing, the court shall make an order that it considers for the best interests of the nonresident ward or the nonresident ward's estate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.40 | When Nonresident Ward Becomes a Resident.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a nonresident ward for whom a resident guardian was appointed has become a resident since the appointment and a guardian has been appointed for the ward, the probate court shall remove the resident guardian previously appointed and require an immediate settlement of the account of the resident guardian previously appointed.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.42 | Foreign Guardians May Receive Property.

Effective:
October 4, 1984
Latest Legislation:
House Bill 263 - 115th General Assembly
If a guardian is appointed by a court of another state or territory or by a foreign country for a nonresident ward, and the ward is entitled to money or other property in the custody of an executor, administrator, or other person in this state, the executor, administrator, or other person may deliver the money or other property to the guardian of the nonresident ward.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.43 | Foreign Wards and Guardians.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Wards living outside this state and owning lands within it are entitled to the benefit of Chapters 2101. to 2131., inclusive, of the Revised Code. Guardians appointed by foreign courts for nonresident wards may bring and maintain actions and enforce the collection of judgments rendered in such cases in their favor in the manner and to the extent that they could if appointed in this state, upon giving security for the costs which may accrue therein as other nonresidents do under sections 2323.30 to 2323.36, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.44 | Sale of Real Property of Foreign Wards.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Applications for the sale of real property by guardians of wards who live out of this state shall be made in the county in which the land is situated. If the real property is situated in two or more counties, the application shall be made in one of the counties in which a part of it is situated. Additional security that may be approved by the probate court of the county in which the application is made shall be required from the guardian if considered necessary.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.45 | Marriage of Ward.

Effective:
January 1, 1990
Latest Legislation:
Senate Bill 46 - 118th General Assembly
The marriage of a ward shall terminate the guardianship as to the person, but not as to the estate, of the ward.