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Ohio Statutes, Title 21

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Title 21, Title 21. Courts-Probate-Juvenile

25 chapters · 998 sections in this title.

All chapters in Title 21998 Ch 2151, Chapter 2151 | Juvenile Court206 Ch 2108, Chapter 2108 | Human Bodies Or Parts…80 Ch 2113, Chapter 2113 | Executors And Adminis…77 Ch 2109, Chapter 2109 | Fiduciaries70 Ch 2107, Chapter 2107 | Wills65 Ch 2111, Chapter 2111 | Guardians; Conservato…65 Ch 2101, Chapter 2101 | Probate Court - Juris…58 Ch 2152, Chapter 2152 | Delinquent Children; …55 Ch 2127, Chapter 2127 | Sale Of Lands44 Ch 2117, Chapter 2117 | Presentment Of Claims…36 Ch 2105, Chapter 2105 | Descent And Distribution34 Ch 2129, Chapter 2129 | Ancillary Administration29 Ch 2133, Chapter 2133 | Modified Uniform Righ…22 Ch 2131, Chapter 2131 | Miscellaneous20

65 sections·Filtered byTitle 21✕Ch 2111✕

Ohio Rev. Code Ann. § 2111.01 Guardian and conservatorship definitions
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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 esta…
Ohio Rev. Code Ann. § 2111.011 Guardianship guide
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(A) The clerk of the probate court shall furnish a guardianship guide, prepared e ither by the attorney general w ith the approval of the Ohio judicial conference or b y the Ohio judicial conference under division (B) of this section, to a guardian at either of the following time…
Ohio Rev. Code Ann. § 2111.02 Appointment of guardian - limited, interim, emergency, or standby guardian - nomination
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(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 estat…
Ohio Rev. Code Ann. § 2111.021 Physically infirm adult may petition for conservatorship
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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 conse…

Ohio Rev. Code Ann. § 2111.022 Emergency order to freeze assets of missing person

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(A) A probate court, on its own motion or on application of an interested party, may issue an emergency ex parte order freezing the financial assets of an individual whom the court or applicant has reason to believe is missing or has gone or been taken to another state if it is r…

Ohio Rev. Code Ann. § 2111.03 Application for appointment as guardian

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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, …

Ohio Rev. Code Ann. § 2111.031 Appointing physicians and other persons to determine need for guardianship

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In connection with an application for the appointment of a guardian for an alleged incompetent, the court may appoint physicians, clinical nurse specialists, certified nurse practitioners, and other qualified persons to examine, investigate, or represent the alleged incompetent, …

Ohio Rev. Code Ann. § 2111.04 Notice of appointment

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(A) Except for an interim or emergency guardian appointed under division (B)(2) or (3) of section 2111.02 of the Revised Code, no guardian of the person, the estate, or both shall be appointed until at least seven days after the probate court has caused written notice, setting fo…

Ohio Rev. Code Ann. § 2111.041 Investigating circumstances of alleged incompetent

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(A) At the time of the service of notice upon an alleged incompetent, as required by division (A)(2)(a) of section 2111.04 of the Revised Code, the court shall require a regular probate court investigator appointed or designated under section 2101.11 of the Revised Code or appoin…

Ohio Rev. Code Ann. § 2111.042 Investigating and report regarding guardianship of minor

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(A) In connection with the appointment of a guardian for a minor or the functioning of the guardianship of a minor, the court may appoint a regular probate court investigator appointed or designated under section 2101.11 of the Revised Code or appoint a temporary probate court in…

Ohio Rev. Code Ann. § 2111.05 Termination of guardianship based on value of ward's estate

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When the whole estate of a ward does not exceed twenty-five thousand dollars in value, the guardian may apply to the probate court for an order to terminate the guardianship. Upon proof that it would be for the best interest of the ward to terminate the guardianship, the court ma…

Ohio Rev. Code Ann. § 2111.06 Guardian of the person

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If the powers of the person appointed as guardian of a minor or incompetent are not limited by the order of appointment, the person shall be guardian both of the person and estate of the ward. In every instance the court shall appoint the same person as guardian of the person and…

Ohio Rev. Code Ann. § 2111.07 Powers of guardian of person and estate

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Each person appointed guardian of the person and estate of a minor shall have the custody of the ward, the obligation to provide for the education of the ward as required under section 3321.01 of the Revised Code, and the management of the ward's estate during minority, unless th…

Ohio Rev. Code Ann. § 2111.08 Parents are natural guardians

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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 an…

Ohio Rev. Code Ann. § 2111.09 Administrator or executor ineligible to be appointed guardian

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Unless expressly appointed or designated to act both as guardian and executor by a will in writing, no person who is or has been an administrator or executor of a will shall, prior to the approval of the person's final account as executor or administrator, be appointed a guardian…

Ohio Rev. Code Ann. § 2111.091 Restrictions on attorney representing guardian

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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 res…

Ohio Rev. Code Ann. § 2111.10 Corporation as guardian

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(A) As used in this section, "developmental disability" has the same meaning as in section 5123.01 of the Revised Code. (B) Any appointment of a corporation as guardian shall apply to the estate only and not to the person, except when either of the following applies: (1) A nonpro…

Ohio Rev. Code Ann. § 2111.11 Spouse may be appointed guardian

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When a guardian is appointed for a person having a spouse, the court may appoint such spouse as the guardian, if it is made to appear to the satisfaction of the court that such spouse is competent to discharge the duties of such appointment.

Ohio Rev. Code Ann. § 2111.12 Guardian of minor

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(A) A minor over the age of fourteen years may select a guardian who shall be appointed if a suitable person. If a minor over the age of fourteen years fails to select a suitable person, an appointment may be made without reference to the minor's wishes. The minor shall not selec…

Ohio Rev. Code Ann. § 2111.121 Nomination of guardian

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(A) A person may nominate in a writing, as described in this division, another person to be the guardian of the nominator's person, estate, or both or the guardian of the person, the estate, or both, of one or more of the nominator's minor or incompetent adult children, whether b…

Ohio Rev. Code Ann. § 2111.13 Duties of guardian of person

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(A) When a guardian is appointed to have the custody and maintenance of a ward, and to have charge of the education of the ward if the ward is a minor, the guardian's duties are as follows:(1) To protect and control the person of the ward;(2) To provide suitable maintenance for t…

Ohio Rev. Code Ann. § 2111.131 Court order for payments of no more than $5,000 due to minor

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(A) The probate court may enter an order that authorizes a person under a duty to pay or deliver money or personal property to a minor who does not have a guardian of the person and estate or a guardian of the estate, to perform that duty in amounts not exceeding five thousand do…

Ohio Rev. Code Ann. § 2111.14 Duties of guardian of estate

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(A) In addition to a guardian's other duties, every guardian appointed to take care of the estate of a ward shall have the following duties:(1) To make and file within three months after the guardian's appointment a full inventory of the real and personal property of the ward, it…

Ohio Rev. Code Ann. § 2111.141 Inventory to be supported by evidence

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The court, by order or rule, may require that any inventory filed by a guardian pursuant to section 2111.14 of the Revised Code be supported by evidence that the inventory is a true and accurate inventory of the estate of the ward of the guardian. The evidence may include, but is…

Ohio Rev. Code Ann. § 2111.15 Duties of guardian of person and estate

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When a person is appointed to have the custody of the person and to take charge of the estate of a ward, such person shall have all the duties required of a guardian of the estate and of a guardian of the person.

Ohio Rev. Code Ann. § 2111.151 Liability of guardian or conservator as to contracts and debts

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(A) If a guardian of the estate, a guardian of the person and estate, a guardian of the person, or a conservator enters into a contract in the representative capacity of the guardian or conservator, if the contract is within the authority of the guardian or conservator, and if th…

Ohio Rev. Code Ann. § 2111.16 Certain vouchers not allowed as credits

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Unless previously authorized by the court, no voucher that is signed or purports to be signed by the ward shall be received from or allowed as a credit in the settlement of a guardian's account.

Ohio Rev. Code Ann. § 2111.17 Suits by guardians

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A guardian may sue in the guardian's own name, describing the guardian as suing on behalf of the ward. When the guardianship ceases, actions or proceedings then pending shall not abate, if the right survives. The guardian's successor as guardian, the executor or administrator of …

Ohio Rev. Code Ann. § 2111.18 Claim for injury to ward or damage to property - settlement

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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 damag…

Ohio Rev. Code Ann. § 2111.181 Settlement of claim of emancipated minor

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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 main…

Ohio Rev. Code Ann. § 2111.182 Order for portion of funds to minor be deposited in trust

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If a minor is entitled to money or property whether by settlement or judgment for personal injury or damage to tangible or intangible property, inheritance or otherwise, the probate court may order that all or a portion of the amount received by the minor be deposited into a trus…

Ohio Rev. Code Ann. § 2111.19 Completion of real property contracts

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A guardian, whether appointed by a court in this state or elsewhere, may complete the contracts of the ward for the purchase or sale of real property or any authorized contract relating to real property entered into by a guardian who has died or been removed. The appointed guardi…

Ohio Rev. Code Ann. § 2111.20 Sale of personal estate

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The guardian of the person and estate, or of the estate only, may sell all or any part of the personal property of the ward if the sale is for the interest of the ward.

Ohio Rev. Code Ann. § 2111.21 Sale, compromise, adjustment, or mortgage of dower

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The guardian of a ward who has or is claimed to have a right of dower, or a contingent right to it, in real property of which the spouse of the ward was or is seized as an estate of inheritance, if the dower has not been assigned, may sell, compromise, or adjust the dower or may …

Ohio Rev. Code Ann. § 2111.22 Release of ward's tax title by guardian

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When a ward has title to real property by tax title only, the guardian, by deed of release and quitclaim, may convey the ward's interest or title to the person entitled to redeem the real property, upon receiving from that person the amount paid for the tax title with the forfeit…

Ohio Rev. Code Ann. § 2111.23 Guardian ad litem

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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 proc…

Ohio Rev. Code Ann. § 2111.24 Insolvency of ward

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If the probate court finds that the estate of a ward is insolvent or will probably be insolvent, such estate shall be settled by the guardian in like manner as for the settlement of the insolvent estate of a deceased person under section 2117.15 of the Revised Code.

Ohio Rev. Code Ann. § 2111.25 Lease for not more than three years

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A guardian of the person and estate or of the estate only, without application to the probate court, may lease the possession or use of any real property of the ward for a term not exceeding three years, provided the term does not extend beyond the minority, if the ward is a mino…

Ohio Rev. Code Ann. § 2111.26 Lease for term of years

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A guardian may lease the possession and use of the real property of the guardian's ward or any part of it for a term of years, renewable or otherwise, by perpetual lease, with or without the privilege of purchase, or may lease upon the terms and for the time that the probate cour…

Ohio Rev. Code Ann. § 2111.27 Petition

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A guardian's application for authority to lease real property of a ward shall be by petition setting forth the following: (A) The legal capacity of the petitioner;(B) The name of the ward, the character of the ward's disability, and if it is incompetence, whether the disability i…

Ohio Rev. Code Ann. § 2111.28 Parties

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In an application for authority to lease real property of a ward under sections 2111.26 and 2111.27 of the Revised Code, the guardian may act for two or more wards and two or more guardians of different wards may unite if all the wards are jointly or in common interested in the r…

Ohio Rev. Code Ann. § 2111.29 Parties and proceedings

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When a guardian files an application for authority to lease the real property of a ward, the same rules shall apply as to the parties and, upon the filing of the petition described in section 2111.27 of the Revised Code, similar proceedings shall be had as in an action to sell re…

Ohio Rev. Code Ann. § 2111.30 Duties of appraisers

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When a guardian applies for authority to lease the real property of a ward, the duties of the appraisers shall be the same as in proceedings to sell real property belonging to the ward under sections 2127.22 and 2127.23 of the Revised Code, except that they shall appraise not onl…

Ohio Rev. Code Ann. § 2111.31 Hearing and order

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If the report of the appraisers under section 2111.30 of the Revised Code is favorable to the lease and on the final hearing the court is of the opinion that it will be to the advantage of the ward, those whom the ward is required by law to support, or the estate to lease the rea…

Ohio Rev. Code Ann. § 2111.32 Royalty

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If the lease made pursuant to court order, under section 2111.31 of the Revised Code is for the mining or removal of mineral or other substances on a royalty basis, within six months after the receipt of the first royalty under such lease the guardian shall report to the probate …

Ohio Rev. Code Ann. § 2111.33 Guardian may improve real property - petition

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(A) A guardian may use the moneys and personal property of the guardian's ward to improve the ward's real property. The guardian shall file in the probate court in which the guardian was appointed a petition containing the following: (1) A description of the premises to be improv…

Ohio Rev. Code Ann. § 2111.34 Proceedings

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Upon the filing of the petition described in section 2111.33 of the Revised Code, similar proceedings shall be had as to pleadings and proof as on petition by a guardian to sell the real property of a ward under sections 2127.01 to 2127.43 of the Revised Code. The probate court s…

Ohio Rev. Code Ann. § 2111.35 Amount to be used for improvement

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On the final hearing of a guardian's proceeding to improve the real property of the guardian's ward, if the prayer of the petition is granted, the probate court shall fix the amount of money and personal property that may be used in making the improvement. The court may authorize…

Ohio Rev. Code Ann. § 2111.36 Guardian's report

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A guardian shall distinctly report to the probate court the amount of money and personal property expended in making an improvement to the ward's real property under section 2111.35 of the Revised Code, within forty days after the improvement is completed. If the ward dies before…

Ohio Rev. Code Ann. § 2111.37 Guardian for nonresident

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If a nonresident minor, incompetent, or person confined in a state, charitable, or correctional institution has real property or rights, credits, moneys, or other personal property in this state, the probate court of the county in which the property or a part of it is situated ma…