As Introduced

136th General Assembly

Regular Session H. B. No. 491

2025-2026

Representatives Ray, Baker

Cosponsors: Representatives Grim, Troy, Brennan, McNally, Russo, Rogers, Synenberg, Lett

To amend sections 2109.21, 2111.01, 2111.011, 2111.02, 2111.021, 2111.022, 2111.03, 2111.031, 2111.04, 2111.041, 2111.05, 2111.06, 2111.08, 2111.091, 2111.12, 2111.13, 2111.131, 2111.18, 2111.181, 2111.19, 2111.20, 2111.23, 2111.26, 2111.33, 2111.37, 2111.38, 2111.39, 2111.44, 2111.46, 2111.47, 2111.49, 2111.50, 2112.01, and 2746.06; to enact section 2111.023; and to repeal sections 2111.07, 2111.15, 2111.34, 2111.35, 2111.36, and 2111.45 of the Revised Code to make changes to Guardianship Law.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2109.21, 2111.01, 2111.011, 2111.02, 2111.021, 2111.022, 2111.03, 2111.031, 2111.04, 2111.041, 2111.05, 2111.06, 2111.08, 2111.091, 2111.12, 2111.13, 2111.131, 2111.18, 2111.181, 2111.19, 2111.20, 2111.23, 2111.26, 2111.33, 2111.37, 2111.38, 2111.39, 2111.44, 2111.46, 2111.47, 2111.49, 2111.50, 2112.01, and 2746.06 be amended and section 2111.023 of the Revised Code be enacted to read as follows:

Sec. 2109.21. (A) An administrator, special administrator, administrator de bonis non, or administrator with the will annexed shall be a resident of this state and shall be removed on proof that the administrator is no longer a resident of this state.

(B)(1)(a) To qualify for appointment as executor or trustee, an executor or a trustee named in a will or nominated in accordance with any power of nomination conferred in a will, may be a resident of this state or, as provided in this division, a nonresident of this state. To qualify for appointment, a nonresident executor or trustee named in, or nominated pursuant to, a will shall be one of the following:

(i) An individual who is related to the testator by consanguinity or affinity;

(ii) A private trust company or family trust company organized under the laws of any state;

(iii) A person who resides in a state that has statutes or rules that authorize the appointment of a nonresident person who is not related to the testator by consanguinity or affinity, as an executor or trustee when named in, or nominated pursuant to, a will.

(b) No executor or trustee under division (B)(1)(a) of this section shall be refused appointment or removed solely because the executor or trustee is not a resident of this state.

(c) The court may require that a nonresident executor or trustee named in, or nominated pursuant to, a will assure that all of the assets of the decedent that are in the county at the time of the death of the decedent will remain in the county until distribution or until the court determines that the assets may be removed from the county.

(d) The court may require a nonresident private trust company or family trust company appointed under division (B)(1)(a)(ii) of this section to appoint a resident agent to accept service of process, notices, and other documents.

(2)(a) In accordance with this division and section 2129.08 of the Revised Code, the court shall appoint as an ancillary administrator a person who is named in the will of a nonresident decedent, or who is nominated in accordance with any power of nomination conferred in the will of a nonresident decedent, as a general executor of the decedent's estate or as executor of the portion of the decedent's estate located in this state, whether or not the person so named or nominated is a resident of this state.

To qualify for appointment as an ancillary administrator, a person who is not a resident of this state and who is named or nominated as described in this division, shall be one of the following:

(i) An individual who is related to the testator by consanguinity or affinity;

(ii) A private trust company or family trust company organized under the laws of any state;

(iii) A person who resides in a state that has statutes or rules that authorize the appointment of a nonresident of that state who is not related to the testator by consanguinity or affinity, as an ancillary administrator when the nonresident is named in a will or nominated in accordance with any power of nomination conferred in a will.

(b) If a person who is not a resident of this state and who is named or nominated as described in division (B)(2)(a) of this section so qualifies for appointment as an ancillary administrator and if the provisions of section 2129.08 of the Revised Code are satisfied, the court shall not refuse to appoint the person, and shall not remove the person, as ancillary administrator solely because the person is not a resident of this state.

(c) The court may require that an ancillary administrator who is not a resident of this state and who is named or nominated as described in division (B)(2)(a) of this section, assure that all of the assets of the decedent that are in the county at the time of the death of the decedent will remain in the county until distribution or until the court determines that the assets may be removed from the county.

(d) The court may require a nonresident private trust company or family trust company appointed under division (B)(2)(a)(ii) of this section to appoint a resident agent to accept service of process, notices, and other documents.

(C)(1) A guardian of the estate shall be a resident of this state, except that the court may appoint a nonresident of this state as a guardian of the estate if any of the following applies:

(a) The nonresident is named in a will by a parent of a minor.

(b) The nonresident is selected by a minor over the age of fourteen twelve years as provided by section 2111.12 of the Revised Code.

(c) The nonresident is nominated in or pursuant to a durable power of attorney under section 1337.24 of the Revised Code or a writing as described in division (A) of section 2111.121 of the Revised Code.

(2) A guardian of the estate, other than a guardian named in a will by a parent of a minor, selected by a minor over the age of fourteen twelve years, or nominated in or pursuant to a durable power of attorney or writing described in division (C)(1)(c) of this section, may be removed on proof that the guardian of the estate is no longer a resident of this state.

(3) The court may appoint a resident or nonresident of this state as a guardian of the person.

(D) Any fiduciary, whose residence qualifications are not defined in this section, shall be a resident of this state, and shall be removed on proof that the fiduciary is no longer a resident of this state.

(E) Any fiduciary, in order to assist in the carrying out of the fiduciary's fiduciary duties, may employ agents who are not residents of the county or of this state.

(F) Every fiduciary shall sign and file with the court a statement of permanent address and shall notify the court of any change of address. A court may remove a fiduciary if the fiduciary fails to comply with this division.

Sec. 2111.01. 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 a minor or an incompetent or minoradult. 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 adult.

(B) "Ward" means any person minor or incompetent adult 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""Incompetent adult" or "incompetent" means either of the following:

(1) Any person adult 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 adult 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 of competent jurisdiction.

(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.

(I) "Limited guardian" means a guardian appointed with specific limited powers, including, but not limited to, overseeing the care and management of medical decisions, mental health, placement, visitation, or other specified limited powers, as outlined in the letters of guardianship.

(J) "Standby guardian" means a person nominated in a writing to be a guardian of the person, the estate, or both, of one or more of a nominator's minor children or incompetent adult children pursuant to section 2111.121 of the Revised Code.

(K) "Interim guardian" means a person appointed as guardian when an existing guardian is temporarily or permanently removed or resigns and if the welfare of the ward requires immediate action, for a maximum period of fifteen days that may be extended for up to two subsequent thirty-day periods for good cause shown and notice of hearing to the ward and interested parties.

(L) "Emergency guardian" means a person appointed as guardian when an emergency exists and it is reasonably certain that immediate action is required to prevent significant injury to the person or estate of a ward, for a maximum period of seventy-two hours that may be extended up to an additional thirty days for good cause shown and notice of hearing to the ward and interested parties.

(M) "Successor guardian" means a person appointed by the court when a ward is still in need of a guardian of the person, the estate, or both, but the current guardian dies, resigns, or is removed, or an interim guardianship expires.

Sec. 2111.011. (A) The clerk of the probate court shall furnish a guardianship guide, prepared either by the attorney general with the approval of the Ohio judicial conference or by the Ohio judicial conference under division (B) of this section, to a guardian of an incompetent adult 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 current. The clerk 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 actsection. 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.

Sec. 2111.02. (A) If found necessary, a probate court on its own motion or on application by any interested party shall appoint, subject to divisions (C) and (D) of this section and to section 2109.21 and division (B) of section 2111.121 of the Revised Code, a guardian of the person, the estate, or both, of a minor or incompetent adult, provided the person for whom the guardian is to be appointed is a resident of the county or has a legal settlement in the county. If the person for whom the guardian is to be appointed is an adult, the person must be a qualified respondent as described in section 2112.21 of the Revised Code and have the opportunity to have the assistance of counsel in the proceeding for the appointment of that guardian. An interested party includes, but is not limited to, a person nominated in a durable power of attorney under division (E) of section 1337.24 1337.12 of the Revised Code or in a writing as described in division (A) of section 2111.121 of the Revised Code.

Except when the guardian of an incompetent adult is an agency under contract with the department of developmental disabilities for the provision of protective services under sections 5123.55 to 5123.59 of the Revised Code, or another agency or corporation appointed by the court, the guardian of an incompetent adult, by virtue of the appointment as guardian, shall be the guardian of the minor children of the guardian's ward upon the filing of a separate application under a new case number, unless the court appoints some other person as their guardian.

When the primary purpose of the appointment of a guardian is, or was, the collection, disbursement, or administration of moneys awarded by the veterans administration to the ward, or assets derived from those moneys, no court costs shall be charged in the proceeding for the appointment or in any subsequent proceedings made in pursuance of the appointment, unless the value of the estate, including the moneys then due under the veterans administration award, exceeds one thousand five hundred dollars.

(B)(1) If the probate court finds it to be in the best interest of a minor or an incompetent or minoradult, it may appoint pursuant to divisions (A) and (C) of this section, on its own motion or on application by an interested party, a limited guardian with specific limited powers. The sections of the Revised Code, rules, and procedures governing guardianships apply to a limited guardian, except that the order of appointment and letters of authority of a limited guardian shall state the reasons for, and specify the limited powers of, the guardian. The court may appoint a limited guardian for a definite or indefinite period. An incompetent or A minor or an incompetent adult for whom a limited guardian has been appointed retains all of the incompetent's or minor's or incompetent adult's rights in all areas not affected by the court order appointing the limited guardian.

(2) If a guardian appointed pursuant to division (A) of this section is temporarily or permanently removed or resigns, and if the welfare of the ward requires immediate action, at any time after the removal or resignation, the probate court may appoint, ex parte and with or without notice to the ward or interested parties, an interim guardian for a maximum period of fifteen days. If the court appoints the interim guardian ex parte or without notice to the ward, the court, at its first opportunity, shall enter upon its journal with specificity the reason for acting ex parte or without notice, and, as soon as possible, shall serve upon the ward a copy of the order appointing the interim guardian. For good cause shown, after notice to the ward and interested parties and after a hearing, the court may extend an interim guardianship for a specified period, but not to exceed an additional thirty daystwo subsequent thirty-day periods.

(3) If a guardian appointed pursuant to division (A) of this section dies, resigns, is removed, or an interim guardianship established pursuant to division (B)(2) of this section expires, and the ward is still in need of a guardian of the person, the estate, or both, notice of the vacancy shall be provided to the ward and sent to the ward's nearest next of kin by regular United States mail, provided the court knows the address of that next of kin. The court may appoint a successor guardian upon application by any interested party after providing notice to the ward, or may appoint a successor guardian subject to divisions (C) and (D) of this section if the court finds it necessary to determine the suitability of the applicants or it would otherwise be in the ward's best interest. If a successor guardian application has not been filed by an interested party within thirty days of the notice of the vacancy, the court may appoint a successor guardian sua sponte and without a hearing or further notice to the ward, except that the court shall provide notice to the ward following the appointment of the successor guardian.

(4) If a minor or incompetent adult has not been placed under a guardianship pursuant to division (A) of this section and if an emergency exists and it is reasonably certain that immediate action is required to prevent significant injury to the person or estate of the minor or incompetent adult, at any time after it receives notice of the emergency, the court, ex parte, may issue any order that it considers necessary to prevent injury to the person or estate of the minor or incompetent adult, or may appoint an emergency guardian for a maximum period of seventy-two hours. A written copy of any order issued by a court under this division shall be served upon the incompetent or minor or incompetent adult as soon as possible after its issuance. Failure to serve that order after its issuance or prior to the taking of any action under its authority does not invalidate the order or the actions taken. The powers of an emergency guardian shall be specified in the letters of appointment, and shall be limited to those powers that are necessary to prevent injury to the person or estate of the minor or incompetent adult. If the court acts ex parte or without notice to the minor or incompetent adult, the court, at its first opportunity, shall enter upon its journal a record of the case and, with specificity, the reason for acting ex parte or without notice. For good cause shown, after notice to the minor or incompetent adult and interested parties, and after a hearing, the court may extend an emergency guardianship for a specified period, but not to exceed an additional thirty days.

(C) Prior to the appointment of a guardian or limited guardian under division (A) or (B)(1) of this section, the court shall conduct a hearing on the matter of the appointment. The hearing shall be conducted in accordance with all of the following:

(1) The proposed guardian or limited guardian shall appear at the hearing and, if appointed, shall swear under oath that the proposed guardian or limited guardian has made and will continue to make diligent efforts to file a true inventory in accordance with section 2111.14 of the Revised Code and find and report all assets belonging to the estate of the ward and that the proposed guardian or limited guardian faithfully and completely will fulfill the other duties of a guardian, including the filing of timely and accurate reports and accountings.

(2) If the hearing is conducted by a magistrate, the procedures set forth in Civil Rule 53 shall be followed.

(3) If the hearing concerns the appointment of a guardian or limited guardian for an alleged incompetent adult, the burden of proving incompetency shall be by clear and convincing evidence.

(4) Upon request of the applicant, the alleged incompetent adult for whom the appointment is sought or the alleged incompetent's incompetent adult's counsel, or any interested party, a recording or record of the hearing shall be made.

(5) Evidence of a less restrictive alternative to guardianship may be introduced, and when introduced, shall be considered by the court.

(6) The court may deny a guardianship based upon a finding that a less restrictive alternative to guardianship exists.

(7) If the hearing concerns the appointment of a guardian or limited guardian for an alleged incompetent adult, the alleged incompetent adult has all of the following rights:

(a) The right to be represented by independent counsel of the alleged incompetent's incompetent adult's choice;

(b) The right to have a friend or family member of the alleged incompetent's incompetent adult's choice present;

(c) The right to have evidence of an independent expert evaluation introduced;

(d) If the alleged incompetent adult is indigent, upon the alleged incompetent's incompetent adult's request:

(i) The right to have counsel and an independent expert evaluator appointed at court expense;

(ii) If the guardianship, limited guardianship, or standby guardianship decision is appealed, the right to have counsel appointed and necessary transcripts for appeal prepared at court expense.

(D)(1) If a person has been nominated to be a guardian of the estate of a minor in or pursuant to a durable power of attorney under section 1337.24 of the Revised Code or a writing as described in division (A) of section 2111.121 of the Revised Code, the person nominated has preference in appointment over a person selected by the minor. A person who has been nominated to be a guardian of the person of a minor in or pursuant to a durable power of attorney or writing of that nature does not have preference in appointment over a person selected by the minor, but the probate court may appoint the person named in the durable power of attorney or the writing, the person selected by the minor, or another person as guardian of the person of the minor.

(2) A person nominated as a guardian of an incompetent adult child pursuant to a durable power of attorney under division (E) of section 1337.24 1337.12 of the Revised Code or pursuant to section 2111.121 of the Revised Code shall have preference in appointment over a person applying to be guardian if the person nominated is competent, suitable, and willing to accept the appointment, and if the incompetent adult child does not have a spouse or an adult child and has not designated a guardian prior to the court finding the adult child incompetent.

Sec. 2111.021. 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.

Sec. 2111.022. (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 away 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) (B)(4) of section 2111.02 of the Revised Code.

Sec. 2111.023. (A) As used in this section, "person in need of assistance" means an individual who does not have a guardian and is unable to apply for medical assistance through the medicaid program without the support of another person.

(B)(1) Upon application of an interested party, a probate court may issue an emergency ex parte order appointing a representative to act on behalf of a person in need of assistance for the limited purpose of applying for medical assistance through the medicaid program. The order shall authorize the representative to take all actions necessary to make an application for medical assistance pursuant to the applicable provisions of the Revised Code and administrative rules and regulations of the department of medicaid.

(2) The application of the interested party shall include all of the following:

(a) Any affidavits or other documents necessary to attest to all of the following:

(i) The person in need of assistance has a physical or mental impairment that substantially limits the person's ability to access verifications or documents necessary for the department of medicaid to process medicaid applications.

(ii) The person in need of assistance has no available representative to assist in accessing any public assistance.

(iii) To the best of the affiant's or representative's knowledge, the person in need of assistance has not granted any person a durable power of attorney, or if a durable power of attorney has been granted, either the durable power of attorney does not grant the powers necessary for the agent to complete a medicaid application on the affiant's behalf or the agent under that power of attorney is unavailable or has failed to act on behalf of the person in need of assistance in accessing any public assistance.

(iv) The person in need of assistance has no court-appointed guardian.

(b) The current residence of the person in need of assistance.

(c) If applicable, details of the proposed placement of and plan of care for the person in need of assistance and information concerning money due and owing for the person in need of assistance's care.

(3) The representative, once appointed, shall file a notice with the court within thirty days after completion of the medicaid application.

(C) 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)(4) of section 2111.02 of the Revised Code.

Sec. 2111.03. 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 minorThe affidavit as set forth in section 3127.23 of the Revised Code;

(5) The name and contact information of any person nominated in a writing pursuant to section 2111.121 of the Revised Code.

(D) In the case of an application for the appointment of a guardian of an alleged incompetent adult, 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 adult;

(4) The proposed ward's military service, if applicable;

(5) The name and contact information of any person nominated pursuant to division (E) of section 1337.12 of the Revised Code or nominated in a writing pursuant to section 2111.121 of the Revised Code;

(6) A statement of expert evaluation under Rule 66 of the Rules of Superintendence for the Courts of Ohio, by a licensed physician, licensed clinical psychologist, licensed independent social worker, licensed professional clinical counselor, clinical nurse specialist, certified nurse practitioner, physician assistant, or other qualified person as determined by the court, who has evaluated or examined the proposed ward within three months prior to the date of the statement of expert evaluation regarding the need for establishing the guardianship.

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 an incompetent adult. 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.

Sec. 2111.031. In connection with an application for the appointment of a guardian for an alleged incompetent adult, the court may appoint physicians, clinical nurse specialists, certified nurse practitioners, and other qualified persons as determined by the court, to examine, investigate, or represent evaluate the alleged incompetent adult, to assist the court in deciding whether a guardianship is necessary. The court may determine that the evaluation of the alleged incompetent adult may be accomplished by electronic means. If the alleged incompetent adult has not been evaluated within fourteen days after the court appoints physicians or other qualified persons, upon application to the court and for good cause shown, the court may order an appropriate emergency medical technician or law enforcement personnel to transport the proposed ward for evaluation.

If the person is determined to be an incompetent adult 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 adult 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 evaluations of an alleged incompetent adult 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.

Sec. 2111.04. (A) Except for an interim, successor, or emergency guardian appointed under division (B)(2) or, (3), or (4) 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 fourteentwelve, 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 adult, 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 adult, in boldface type, of the alleged incompetent's incompetent adult's rights to be present at the hearing, to contest any application for the appointment of a guardian for the alleged incompetent's incompetent adult'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 soughtFor good cause shown, the requirement of notice under division (A) of this section may be waived, except for the notice to the proposed ward.

(D) From the service of notice until the hearing, no sale, gift, conveyance, or encumbrance of the property of an alleged incompetent adult shall be valid as to persons having notice of the proceeding.

Sec. 2111.041. (A) At the time of the service of notice upon an alleged incompetent adult, 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 adult, and, to the maximum extent feasible, to communicate to the alleged incompetent adult in a language or method of communication that the alleged incompetent adult can understand, the alleged incompetent's incompetent adult'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 incompetent adult's rights to be present at the hearing, to contest any application for the appointment of a guardian for the alleged incompetent's incompetent adult's person, estate, or both, and to be represented by an attorney were communicated to the alleged incompetent adult in a language or method of communication understandable to the alleged incompetent adult;

(2) A brief description, as observed by the investigator, of the physical and mental condition of the alleged incompetent adult;

(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 adult.

(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 adult.

Sec. 2111.05. (A) 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 of the estate. 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.

(1) If the ward is a minor, the court may direct the guardian to deposit the assets of the guardianship in a depository authorized to receive fiduciary funds, payable to the ward when the ward attains minor upon attaining the age of 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. A receipt verifying the deposit of assets shall be submitted to the court. Release of any funds held in a depository for the benefit of the minor shall be by court order, including the release of funds to the minor upon attaining the age of majority. In the alternative and for good cause shown, the court may direct the guardian to deliver the assets to a suitable person. The person receiving the assets shall hold and dispose of them in the manner the court directs.

(2) If the ward is an incompetent adult, 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. A receipt verifying the deposit of assets shall be submitted to the court. Release of any funds held in a depository for the benefit of the incompetent adult shall be by court order. 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.

(B) 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 on 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.

(C) If the estate of a minor 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 if a guardian is appointed by the court, without 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 minor upon attaining the age of 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. A receipt verifying the deposit of assets shall be submitted to the court. Release of any funds held in a depository for the benefit of the minor shall be by court order, including the release of the funds to the minor upon attaining the age of majority. In the alternative and for good cause shown, the court may authorize delivery of the assets to a suitable person. The person receiving the assets shall hold and dispose of them in the manner the court directs.

(D) If the whole estate of a person over eighteen years of age or older, who has been adjudged an incompetent adult, does not exceed twenty-five thousand dollars in value, the court, without the appointment of a guardian by the court or if a guardian is appointed by the court, without the giving of bond, may authorize the deposit of the estate assets in a depository authorized to receive fiduciary funds in the name of a suitable person to be designated by the court, or if. A receipt verifying the deposit of assets shall be submitted to the court. Release of any funds held in a depository for the benefit of the incompetent adult shall be by court order. 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.

Sec. 2111.06. (A) If the powers of the person appointed as guardian of a minor or an incompetent adult 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.

(B) A guardian of the person of an incompetent adult shall oversee the physical placement, maintenance, and care of the ward.

(C) A guardian of the person of a minor shall be appointed as to a minor having no father or motherliving parent, 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.

(D)(1) A guardian of the person of a minor shall have the legal custody of the minor.

(2) As used in division (D)(1) of this section, "legal custody" means a legal status that vests in the custodian the right to have physical care and control of the minor, and to determine where and with whom the minor shall live, and the right and duty to protect, train, and discipline the minor and to provide the minor with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities.

(E) 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.

Sec. 2111.08. 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 guardianshipMarried parents are the joint natural guardians of their minor children.

Sec. 2111.091. 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.

Sec. 2111.12. (A) A minor over the age of fourteen twelve years may select a guardian who shall be appointed if a suitable person. If a minor over the age of fourteen twelve 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 nominate 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 parent of a minor names nominates a person as guardian of the estate of that minor in a will, the person named nominated shall have preference in appointment over the person selected by the minor. A person named nominated 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 of the Revised Code 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.

Sec. 2111.13. (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 oversee the physical placement, maintenance, and care 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 the maintenance and education for such ward as that the amount of the ward's estate justifies when the ward is a minor and has no father or motherparent, or has a father or mother parent 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;

(5) To identify both family and nonfamily members with whom the ward desires to communicate, and to facilitate the contact that the guardian believes is in the best interest of the ward. Any dispute regarding visitation of the ward shall be reviewed as provided in Rule 66 of the Rules of Superintendence for the Courts of Ohio.

(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.

Sec. 2111.131. (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 an amount not exceeding five twenty-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;. A receipt verifying the deposit shall be submitted to the court. Release of any funds held in a depository for the benefit of the minor shall be upon court order, including the release of funds to the minor upon attaining the age of majority.

(6) A custodian designated by the court in its order, for the minor under sections 5814.01 to 5814.10 of the Revised Code;

(7) A trust for the benefit of the minor pursuant to section 2111.182 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 an amount not exceeding five twenty-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.

Sec. 2111.18. (A) 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 a guardian of the person of the ward, or 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 of the estate of the ward 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. 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.

(B) Nothing in this section is intended to create or imply a duty upon a guardian of the person of the ward to apply for authority to exercise any power authorized in this section. No inference of impropriety or liability of a guardian of the person of the ward or others associated with the guardian of the person of the ward arises as a result of the guardian of the person of the ward not applying for authority to exercise a power authorized in this section.

Sec. 2111.181. 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 for the sole purpose of settlement of the claim, and authorizing, approving, and consenting to the settlement of the claim by the minor without the appointment of a guardian.

Upon a 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 minor when the ward minor attains the age of 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.

Sec. 2111.19. 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. An appointed successor guardian may complete any authorized contract relating to real property entered into by a guardian who has died or been removed. The appointed successor guardian shall proceed in the manner provided by sections 2113.48 to 2113.50 of the Revised Code.

Sec. 2111.20. 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 best interest of the ward, with prior court approval.

Sec. 2111.23. 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. In a suit or proceeding in which the guardian has an adverse interest, the court shall appoint a guardian ad litem to represent that ward.

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.

Sec. 2111.26. A guardian may lease the possession and use of to others 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.

Sec. 2111.33. (A) A Upon motion, 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 motion containing the following:

(1) A description of the premises to be improved;

(2) The If applicable, the amount of rent the premises yield at the time the petition motion 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, if any;

(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 propertyThe court may appoint a guardian ad litem to report to the court the guardian ad litem's opinion whether the improvement proposed will be necessary, reasonable, and beneficial to the estate of the ward.

Sec. 2111.37. If a nonresident minor, or incompetent, or person confined in a state, charitable, or correctional institution adult 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.

Sec. 2111.38. 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 was over fourteen years of age at the time of appointment prior to the effective date of this section or whether or not the minor is over twelve years of age at the time of appointment on or after the effective date of this section. 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 maintenanceif it is in the ward's best interest. 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.

Sec. 2111.39. When a foreign legal representative of a nonresident wardminor or incompetent adult 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 nonresident minor or incompetent adult 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 wardminor or the nonresident ward's estateincompetent adult.

Sec. 2111.44. ApplicationsProceedings for the sale of real property by resident guardians of wards who live out of this state nonresident minors or incompetent adults 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 proceedings shall be made commenced in one of the counties in which a part of it is situated. Additional security that bond may be approved ordered by the probate court of the county in which the application is made shall be required from the guardian proceedings are commenced if considered necessary and in the nonresident minor's or incompetent adult's best interest.

Sec. 2111.46. When a guardian has been appointed for a minor before the minor is over fourteen twelve years of age, the guardian's power shall continue until the ward arrives at the age of majority, unless removed for good cause or unless the ward selects another suitable guardian. After the selection is made and approved by the probate court and the person selected is appointed and qualified, the powers of the former guardian shall cease. The former guardian's final account as guardian shall then be filed and settled in court.

Upon the termination of a guardianship of the person, estate, or both of a minor before the minor reaches eighteen years of age, if a successor guardian is not appointed and if the court finds that the minor is without proper care, the court shall certify a copy of its finding together with as much of the record and any further information that the court considers necessary, or as the juvenile court may request, to the juvenile court for further proceedings. Upon that certification, the juvenile court shall have exclusive jurisdiction respecting the minor.

Sec. 2111.47. (A) Except as provided in this division, for any guardianship of an incompetent adult, upon written request by the ward, the ward's attorney, or any interested party made at any time after the original appointment of the guardian, a hearing shall be held in accordance with section 2111.02 of the Revised Code to evaluate the continued necessity of the guardianship. Upon written request by the ward, the ward's attorney, or any interested party, the court shall conduct a minimum of one hearing under this division in the calendar year in which the guardian was appointed, and upon such written request, shall conduct a minimum of one hearing in each of the following calendar years. On its own motion or upon written request by the ward, the ward's attorney, or any interested party, the court may, in its discretion, conduct a hearing within the first one hundred twenty days after appointment of the guardian or conduct more than one hearing in a calendar year.

(B) If the ward alleges competence, the burden of proving incompetence shall be upon the guardian, by clear and convincing evidence. The statement of expert evaluation filed with the application for appointment of the guardian or the most recent statement of expert evaluation filed with the guardian's annual or biennial report, or both statements, may satisfy the guardian's burden of proof unless contradicted by medical evidence or a statement from a licensed physician, licensed clinical psychologist, licensed independent social worker, licensed professional clinical counselor, clinical nurse specialist, certified nurse practitioner, physician assistant, or developmental disabilities team member, submitted by the ward.

(C) Upon reasonable notice to the guardian, to the ward, and to the person on whose application the appointment was made, and upon satisfactory proof that the necessity for the guardianship no longer exists or that the letters of appointment were improperly issued, the probate court shall order that the guardianship of an incompetent adult terminate and shall make an appropriate entry upon the journal. Thereupon Upon such entry, the guardianship shall cease, the accounts of the guardian shall be settled by the court, and the ward shall be restored to the full control of the ward's property as before the appointment. Such The entry terminating the guardianship of an incompetent person adult shall have the same effect as a determination by the court that such person is competent.

Sec. 2111.49. (A)(1) Subject to division (A)(3) of this section, the guardian of an incompetent person adult shall file a guardian's report with the court two years after the date of the issuance of the guardian's letters of appointment and biennially after that time, or at any other time upon the motion or a rule of the probate court. The report shall be in a form prescribed by the court and shall include all of the following.

(a) The present address of the place of residence of the ward;

(b) The present address of the guardian;

(c) If the place of residence of the ward is not the ward's personal home, the name of the facility at which the ward resides and the name of the person responsible for the ward's care;

(d) The approximate number of times during the period covered by the report that the guardian has had contact with the ward, the nature of those contacts, and the date that the ward was last seen by the guardian;

(e) Any major changes in the physical or mental condition of the ward observed by the guardian;

(f) The opinion of the guardian as to the necessity for the continuation of the guardianship;

(g) The opinion of the guardian as to the adequacy of the present care of the ward;

(h) The date that the ward was last examined or otherwise seen by a physician, clinical nurse specialist, or certified nurse practitioner and the purpose of that visit;

(i) A statement by a licensed physician, licensed clinical nurse specialist, licensed certified nurse practitioner, licensed physician assistant, licensed clinical psychologist, licensed independent social worker, licensed professional clinical counselor, or developmental disability team that member, or other qualified person who has evaluated or examined the ward within three months prior to the date of the report as to the need for continuing the guardianship. The court may waive the requirement of filing further biennial statements of expert evaluation if, in the opinion of the qualified evaluator, it is reasonably certain that the ward's condition will not improve and that the necessity for guardianship will continue to exist.

(2) The court shall review a report filed pursuant to division (A)(1) of this section to determine if a continued necessity for the guardianship exists. The court may direct a probate court investigator to verify aspects of the report.

(3) Division (A)(1) of this section applies to guardians appointed prior to, as well as on or after, the effective date of this sectionOctober 12, 2016. A guardian appointed prior to that date shall file the first report in accordance with any applicable court rule or motion, or, in the absence of such a rule or motion, upon the next occurring date on which a report would have been due if division (A)(1) of this section had been in effect on the date of appointment as guardian, and shall file all subsequently due reports biennially after that time.

(B) If, upon review of any report required by division (A)(1) of this section, the court finds that it is necessary to intervene in a guardianship, the court shall take any action that it determines is necessary, including, but not limited to, terminating or modifying the guardianship.

(C) Except as provided in this division, for any guardianship, upon written request by the ward, the ward's attorney, or any other interested party made at any time after the expiration of one hundred twenty days from the date of the original appointment of the guardian, a hearing shall be held in accordance with section 2111.02 of the Revised Code to evaluate the continued necessity of the guardianship. Upon written request, the court shall conduct a minimum of one hearing under this division in the calendar year in which the guardian was appointed, and upon written request, shall conduct a minimum of one hearing in each of the following calendar years. Upon its own motion or upon written request, the court may, in its discretion, conduct a hearing within the first one hundred twenty days after appointment of the guardian or conduct more than one hearing in a calendar year. If the ward alleges competence, the burden of proving incompetence shall be upon the applicant for guardianship or the guardian, by clear and convincing evidence.

Sec. 2111.50. (A)(1) At all times, the probate court is the superior guardian of wards who are subject to its jurisdiction, and all guardians who are subject to the jurisdiction of the court shall obey all orders of the court that concern their wards or guardianships.

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section, the control of a guardian over the person, the estate, or both of the guardian's ward is limited to the authority that is granted to the guardian by the Revised Code, relevant decisions of the courts of this state, and orders or rules of the probate court.

(b) Except for the powers specified in division (E) of this section and unless otherwise provided in or inconsistent with another section of the Revised Code, the probate court may confer upon a guardian any power that this section grants to the probate court in connection with wards. Nothing in this section is intended to create or imply a duty upon a guardian to apply for authority to exercise any power authorized in this section. No inference of impropriety or liability of the guardian or others associated with the guardian shall arise as a result of a guardian not applying for authority to exercise a power authorized in this section.

(c) For good cause shown, the probate court may limit or deny, by order or rule, any power that is granted to a guardian by a section of the Revised Code or relevant decisions of the courts of this state.

(B) In connection with any person whom the probate court has found to be an incompetent adult or a minor subject to guardianship and for whom the court has appointed a guardian, the court has, subject to divisions (C) to (E) of this section, all the powers that relate to the person and estate of the ward and that the ward could exercise if present and not a minor or under a disability, except the power to make or revoke a will. These powers include, but are not limited to, the power to do any of the following:

(1) Convey, release, or disclaim the present, contingent, or expectant interests in real or personal property of the ward, including, but not limited to, dower and any right of survivorship incident to a transfer on death designation, payable on death designation, survivorship tenancy, joint tenancy, or tenancy by the entireties;

(2) Exercise, release, or disclaim powers as a trustee, personal representative, custodian for a minor, guardian, or donee of a power of appointment;

(3) Subject to division (B)(4) of this section, enter into contracts that may not extend beyond the minority, disability, or life of the ward;

(4) Create, amend, or revoke revocable trusts of property of the estate of the ward that may extend beyond the minority, disability, or life of the ward;

(5) Exercise options to purchase securities or other property;

(6) Exercise rights to elect options under annuities and insurance policies, including changing beneficiaries of insurance policies, retirement plans, individual retirement accounts, and annuities, and to surrender an annuity or insurance policy for its cash value;

(7) Exercise the right to an elective share in the estate of the deceased spouse of the ward pursuant to Chapter 2106. of the Revised Code;

(8) Make gifts, in trust or otherwise, to relatives of the ward and, consistent with any prior pattern of the ward of giving to charities or of providing support for friends, to charities and friends of the ward.

(C) Except for the powers specified in division (D) of this section, all powers of the probate court that are specified in this chapter and that relate either to any person whom it has found to be an incompetent adult or a minor subject to guardianship and for whom it has appointed a guardian and all powers of a guardian that relate to the guardian's ward or guardianship as described in division (A)(2) of this section, shall be exercised in the best interest, as determined in the court's or guardian's judgment, of the following:

(1) The ward whom the probate court has found to be an incompetent adult or a minor subject to guardianship;

(2) The dependents of the ward;

(3) The members of the household of the ward.

(D) If the court is to exercise or direct the exercise, pursuant to division (B) of this section, of the power to make gifts in trust or otherwise, the following conditions shall apply:

(1) The exercise of the particular power shall not impair the financial ability of the estate of the ward whom the probate court has found to be an incompetent adult or a minor subject to guardianship and for whom the court has appointed a guardian, to provide for the ward's foreseeable needs for maintenance and care;

(2) If applicable, the court shall consider any of the following:

(a) The estate, income, and other tax advantages of the exercise of a particular power to the estate of a ward whom the probate court has found to be an incompetent adult or a minor subject to guardianship and for whom the court has appointed a guardian;

(b) Any pattern of giving of, or any pattern of support provided by, the ward prior to the ward's incompetence;

(c) The disposition of property made by the ward's will or revocable trust;

(d) If there is no knowledge of a will or revocable trust of the ward, the ward's prospective heirs;

(e) Any relevant and trustworthy statements of the ward, whether established by hearsay or other evidence.

(E)(1) The probate court shall cause notice as described in division (E)(2) of this section to be given and a hearing to be conducted prior to its exercise or direction of the exercise of any of the following powers pursuant to division (B) of this section:

(a) The exercise, release, or disclaimer of powers as a donee of a power of appointment;

(b) Unless If the amount of the gift is no more than one thousand dollars, the making of a gift, in trust or otherwise;

(c) The power to create, amend, or revoke a revocable trust as described in division (B)(4) of this section;

(d) The power to exercise rights to elect options under annuities and insurance policies, including changing beneficiaries of insurance policies, retirement plans, individual retirement accounts, and annuities, and to surrender an annuity or insurance policy for its cash value, as described in division (B)(6) of this section.

(2) The notice required by division (E)(1) of this section shall be given to the following persons:

(a) Unless a guardian of a ward has applied for the exercise of a power specified in division (E)(1) of this section, to the guardian;

(b) To the ward whom the probate court has found to be an incompetent adult or a minor subject to guardianship;

(c) If known, to a guardian who applied for the exercise of a power specified in division (E)(1) of this section, to the prospective heirs of the ward whom the probate court has found to be an incompetent adult or a minor subject to guardianship under section 2105.06 of the Revised Code, to the beneficiaries under the last known will of the ward or under an existing revocable trust of the ward, and to any person who has a legal interest in property that may be divested or limited as the result of the exercise of a power specified in division (E)(1) of this section;

(d) To all of the following as applicable:

(i) The heirs at law and next of kin of the ward;

(ii) The beneficiaries under an existing will or revocable trust of the ward;

(iii) The beneficiaries of any insurance policies, retirement plans, individual retirement accounts, and annuities owned by the ward;

(iv) The beneficiaries under any proposed revocable trust and the proposed beneficiaries under any changes in the designation of beneficiaries of any insurance policies, retirement plans, individual retirement accounts, or annuities as described in division (E)(2)(d)(iii) of this section.

(e) To any other persons the court orders.

(F) When considering any question related to, and issuing orders for, medical or surgical care or treatment of incompetents or minors or incompetent adults subject to guardianship, the probate court has full parens patriae powers unless otherwise provided by a section of the Revised Code.

Sec. 2112.01. As used in this chapter:

(A) "Adult" means an individual who is eighteen years of age or older.

(B) "Guardian" has the same meaning as in section 2111.01 of the Revised Code.

(C) "Guardian of the person" means a person appointed by the court to make decisions regarding the support, care, education, health, and welfare of a ward. "Guardian of the person" does not include a guardian ad litem.

(D) "Guardian of the estate" means a person appointed by the court to administer the estate of a ward.

(E) "Ward" means any adult who has been adjudicated an incompetent adult and for whom a guardian is acting or for whom the probate court is acting pursuant to section 2111.50 of the Revised Code.

(F) "Emergency" means a circumstance that makes it reasonably certain that immediate action is required to prevent significant injury to a respondent's health, safety, welfare, or property and for which the appointment of a guardian or issuance of a protective order is necessary because no other person has authority and is willing to act on the respondent's behalf.

(G) "Guardianship order" means an order appointing a guardian.

(H) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.

(I) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of an application for appointment of a guardian or the issuance of a protective order or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the application.

(J) "Party" means the respondent, applicant, guardian, or other person allowed by the court to participate in a guardianship or protective proceeding.

(K) "Person," except in the terms guardian of the person and protected person, means an individual, parent, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental agency or instrumentality, public corporation, or other legal or commercial entity.

(L) "Protected person" means an adult for whom a protective order has been issued.

(M) "Protective order" means an order appointing a guardian or other order under division (B)(3)(B)(4) of section 2111.02 of the Revised Code related to the management of an adult's person, property, or both or an order under section 2111.022 of the Revised Code related to the management of an individual's property.

(N) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.

(O) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(P) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.

(Q) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(R) "Incompetent""Incompetent adult" has the same meaning as in section 2111.01 of the Revised Code.

(S) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. "State" includes an Indian tribe or band that is recognized by federal law or formally acknowledged by a state.

Sec. 2746.06. In addition to any applicable fees or costs set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised Code or any other applicable provision of law, and subject to any waiver of fees for combat zone casualties under section 2101.164 of the Revised Code and any reduction of fees under section 2101.20 of the Revised Code, a probate court shall tax as costs or otherwise require the payment of fees for the following services rendered or as compensation for the following persons or any other of the following fees that are applicable in a particular case:

(A) The fees provided for in sections 2101.16, 2101.17, 2101.18, and 2101.32 of the Revised Code;

(B) Additional fees to computerize the court, make available computerized legal research services, and computerize the office of the clerk of the court, as provided in section 2101.162 of the Revised Code;

(C) In a proceeding upon the assignment of property in trust for the benefit of creditors, the fees provided for in section 1313.52 of the Revised Code;

(D) The fees allowable to a special master commissioner under section 2101.07 of the Revised Code;

(E) In a proceeding filed pursuant to dispute resolution procedures established by rule of the probate judge, a filing fee, as provided in section 2101.163 of the Revised Code;

(F) Costs incident to the appointment of a fiduciary, as provided in section 2101.21 of the Revised Code;

(G) A fee for solemnizing a marriage, as provided in section 2101.27 of the Revised Code;

(H) The additional marriage license fee provided for in section 3113.34 of the Revised Code;

(I) The fee for deposit of a will provided for in section 2107.07 of the Revised Code;

(J) In a proceeding for the appointment of a guardian for an alleged incompetent adult, physicians and other qualified persons to examine, investigate, or represent evaluate the alleged incompetent adult, as provided in section 2111.031 of the Revised Code;

(K) In an action to obtain authority to sell real estate, the fees for failure to enter a release and satisfaction provided for in section 2127.19 of the Revised Code;

(L) In a proceeding in aid of execution, the fees provided for in section 2333.26 and 2333.27 of the Revised Code.

Section 2. That existing sections 2109.21, 2111.01, 2111.011, 2111.02, 2111.021, 2111.022, 2111.03, 2111.031, 2111.04, 2111.041, 2111.05, 2111.06, 2111.08, 2111.091, 2111.12, 2111.13, 2111.131, 2111.18, 2111.181, 2111.19, 2111.20, 2111.23, 2111.26, 2111.33, 2111.37, 2111.38, 2111.39, 2111.44, 2111.46, 2111.47, 2111.49, 2111.50, 2112.01, and 2746.06 of the Revised Code are hereby repealed.

Section 3. That sections 2111.07, 2111.15, 2111.34, 2111.35, 2111.36, and 2111.45 of the Revised Code are hereby repealed.

Section 4. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:

Section 2109.21 of the Revised Code as amended by both S.B. 117 and S.B. 124 of the 129th General Assembly.

Section 2111.12 of the Revised Code as amended by both S.B. 117 and S.B. 124 of the 129th General Assembly.