HB 491

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,  1
  2111.02, 2111.021, 2111.022, 2111.03, 2111.031,  2
  2111.04, 2111.041, 2111.05, 2111.06, 2111.08,  3
  2111.091, 2111.12, 2111.13, 2111.131, 2111.18,  4
  2111.181, 2111.19, 2111.20, 2111.23, 2111.26,  5
  2111.33, 2111.37, 2111.38, 2111.39, 2111.44,  6
  2111.46, 2111.47, 2111.49, 2111.50, 2112.01, and  7
  2746.06; to enact section 2111.023; and to  8
  repeal sections 2111.07, 2111.15, 2111.34,  9
  2111.35, 2111.36, and 2111.45 of the Revised  10
  Code to make changes to Guardianship Law.  11
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 2109.21, 2111.01, 2111.011,  12
2111.02, 2111.021, 2111.022, 2111.03, 2111.031, 2111.04,  13
2111.041, 2111.05, 2111.06, 2111.08, 2111.091, 2111.12, 2111.13,  14
2111.131, 2111.18, 2111.181, 2111.19, 2111.20, 2111.23, 2111.26,  15
2111.33, 2111.37, 2111.38, 2111.39, 2111.44, 2111.46, 2111.47,  16
2111.49, 2111.50, 2112.01, and 2746.06 be amended and section  17
2111.023 of the Revised Code be enacted to read as follows:  18
     Sec. 2109.21. (A) An administrator, special administrator,  19
H. B. No. 491  Page 2
As Introduced
administrator de bonis non, or administrator with the will  20
annexed shall be a resident of this state and shall be removed  21
on proof that the administrator is no longer a resident of this  22
state.  23
       (B)(1)(a) To qualify for appointment as executor or  24
trustee, an executor or a trustee named in a will or nominated  25
in accordance with any power of nomination conferred in a will,  26
may be a resident of this state or, as provided in this  27
division, a nonresident of this state. To qualify for  28
appointment, a nonresident executor or trustee named in, or  29
nominated pursuant to, a will shall be one of the following:  30
       (i) An individual who is related to the testator by  31
consanguinity or affinity;  32
       (ii) A private trust company or family trust company  33
organized under the laws of any state;  34
       (iii) A person who resides in a state that has statutes or  35
rules that authorize the appointment of a nonresident person who  36
is not related to the testator by consanguinity or affinity, as  37
an executor or trustee when named in, or nominated pursuant to,  38
a will.  39
       (b) No executor or trustee under division (B)(1)(a) of  40
this section shall be refused appointment or removed solely  41
because the executor or trustee is not a resident of this state.  42
       (c) The court may require that a nonresident executor or  43
trustee named in, or nominated pursuant to, a will assure that  44
all of the assets of the decedent that are in the county at the  45
time of the death of the decedent will remain in the county  46
until distribution or until the court determines that the assets  47
may be removed from the county.  48
H. B. No. 491  Page 3
As Introduced
       (d) The court may require a nonresident private trust  49
company or family trust company appointed under division (B)(1)  50
(a)(ii) of this section to appoint a resident agent to accept  51
service of process, notices, and other documents.  52
       (2)(a) In accordance with this division and section  53
2129.08 of the Revised Code, the court shall appoint as an  54
ancillary administrator a person who is named in the will of a  55
nonresident decedent, or who is nominated in accordance with any  56
power of nomination conferred in the will of a nonresident  57
decedent, as a general executor of the decedent's estate or as  58
executor of the portion of the decedent's estate located in this  59
state, whether or not the person so named or nominated is a  60
resident of this state.  61
       To qualify for appointment as an ancillary administrator,  62
a person who is not a resident of this state and who is named or  63
nominated as described in this division, shall be one of the  64
following:  65
       (i) An individual who is related to the testator by  66
consanguinity or affinity;  67
       (ii) A private trust company or family trust company  68
organized under the laws of any state;  69
       (iii) A person who resides in a state that has statutes or  70
rules that authorize the appointment of a nonresident of that  71
state who is not related to the testator by consanguinity or  72
affinity, as an ancillary administrator when the nonresident is  73
named in a will or nominated in accordance with any power of  74
nomination conferred in a will.  75
       (b) If a person who is not a resident of this state and  76
who is named or nominated as described in division (B)(2)(a) of  77
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As Introduced
this section so qualifies for appointment as an ancillary  78
administrator and if the provisions of section 2129.08 of the  79
Revised Code are satisfied, the court shall not refuse to  80
appoint the person, and shall not remove the person, as  81
ancillary administrator solely because the person is not a  82
resident of this state.  83
       (c) The court may require that an ancillary administrator  84
who is not a resident of this state and who is named or  85
nominated as described in division (B)(2)(a) of this section,  86
assure that all of the assets of the decedent that are in the  87
county at the time of the death of the decedent will remain in  88
the county until distribution or until the court determines that  89
the assets may be removed from the county.  90
       (d) The court may require a nonresident private trust  91
company or family trust company appointed under division (B)(2)  92
(a)(ii) of this section to appoint a resident agent to accept  93
service of process, notices, and other documents.  94
       (C)(1) A guardian of the estate shall be a resident of  95
this state, except that the court may appoint a nonresident of  96
this state as a guardian of the estate if any of the following  97
applies:  98
       (a) The nonresident is named in a will by a parent of a  99
minor.  100
       (b) The nonresident is selected by a minor over the age of  101
fourteen twelve years as provided by section 2111.12 of the  102
Revised Code.  103
       (c) The nonresident is nominated in or pursuant to a  104
durable power of attorney under section 1337.24 of the Revised  105
Code or a writing as described in division (A) of section  106
H. B. No. 491  Page 5
As Introduced
2111.121 of the Revised Code.  107
       (2) A guardian of the estate, other than a guardian named  108
in a will by a parent of a minor, selected by a minor over the  109
age of fourteen twelve years, or nominated in or pursuant to a  110
durable power of attorney or writing described in division (C)  111
(1)(c) of this section, may be removed on proof that the  112
guardian of the estate is no longer a resident of this state.  113
       (3) The court may appoint a resident or nonresident of  114
this state as a guardian of the person.  115
       (D) Any fiduciary, whose residence qualifications are not  116
defined in this section, shall be a resident of this state, and  117
shall be removed on proof that the fiduciary is no longer a  118
resident of this state.  119
       (E) Any fiduciary, in order to assist in the carrying out  120
of the fiduciary's fiduciary duties, may employ agents who are  121
not residents of the county or of this state.  122
       (F) Every fiduciary shall sign and file with the court a  123
statement of permanent address and shall notify the court of any  124
change of address. A court may remove a fiduciary if the  125
fiduciary fails to comply with this division.  126
       Sec. 2111.01. As used in Chapters 2101. to 2131. of the  127
Revised Code:  128
       (A) "Guardian," other than a guardian under sections  129
5905.01 to 5905.19 of the Revised Code, means any person,  130
association, or corporation appointed by the probate court to  131
have the care and management of the person, the estate, or both  132
of a minor or an incompetent or minoradult. When applicable,  133
"guardian" includes, but is not limited to, a limited guardian,  134
an interim guardian, a standby guardian, and an emergency  135
H. B. No. 491  Page 6
As Introduced
guardian appointed pursuant to division (B) of section 2111.02  136
of the Revised Code. "Guardian" also includes an agency under  137
contract with the department of developmental disabilities for  138
the provision of protective service under sections 5123.55 to  139
5123.59 of the Revised Code when appointed by the probate court  140
to have the care and management of the person of an incompetent  141
adult.  142
       (B) "Ward" means any person minor or incompetent adult for  143
whom a guardian is acting or for whom the probate court is  144
acting pursuant to section 2111.50 of the Revised Code.  145
       (C) "Resident guardian" means a guardian appointed by a  146
probate court to have the care and management of property in  147
this state that belongs to a nonresident ward.  148
       (D) "Incompetent""Incompetent adult" or "incompetent"  149
means either of the following:  150
       (1) Any person adult who is so mentally impaired, as a  151
result of a mental or physical illness or disability, as a  152
result of intellectual disability, or as a result of chronic  153
substance abuse, that the person is incapable of taking proper  154
care of the person's self or property or fails to provide for  155
the person's family or other persons for whom the person is  156
charged by law to provide;  157
       (2) Any person adult confined to a correctional  158
institution within this state.  159
       (E) "Next of kin" means any person who would be entitled  160
to inherit from a ward under Chapter 2105. of the Revised Code  161
if the ward dies intestate.  162
       (F) "Conservator" means a conservator appointed by the  163
probate court in an order of conservatorship issued pursuant to  164
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As Introduced
section 2111.021 of the Revised Code.  165
       (G) "Parent" means a natural parent or adoptive parent of  166
a minor child whose parental rights and responsibilities have  167
not been terminated by a juvenile court or another court of  168
competent jurisdiction.  169
       (H) "Financial harm" means impairment of an individual's  170
financial assets by unlawfully obtaining or exerting control  171
over the individual's real or personal property in any of the  172
following ways:  173
       (1) Without the consent of the individual or the person  174
authorized to give consent on the individual's behalf;  175
       (2) Beyond the scope of the express or implied consent of  176
the individual or the person authorized to give consent on the  177
individual's behalf;  178
       (3) By deception;  179
       (4) By threat;  180
       (5) By intimidation;  181
       (6) By fraud;  182
       (7) By undue influence.  183
       (I) "Limited guardian" means a guardian appointed with  184
specific limited powers, including, but not limited to,  185
overseeing the care and management of medical decisions, mental  186
health, placement, visitation, or other specified limited  187
powers, as outlined in the letters of guardianship.  188
       (J) "Standby guardian" means a person nominated in a  189
writing to be a guardian of the person, the estate, or both, of  190
one or more of a nominator's minor children or incompetent adult  191
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As Introduced
children pursuant to section 2111.121 of the Revised Code.  192
       (K) "Interim guardian" means a person appointed as  193
guardian when an existing guardian is temporarily or permanently  194
removed or resigns and if the welfare of the ward requires  195
immediate action, for a maximum period of fifteen days that may  196
be extended for up to two subsequent thirty-day periods for good  197
cause shown and notice of hearing to the ward and interested  198
parties.  199
       (L) "Emergency guardian" means a person appointed as  200
guardian when an emergency exists and it is reasonably certain  201
that immediate action is required to prevent significant injury  202
to the person or estate of a ward, for a maximum period of  203
seventy-two hours that may be extended up to an additional  204
thirty days for good cause shown and notice of hearing to the  205
ward and interested parties.  206
       (M) "Successor guardian" means a person appointed by the  207
court when a ward is still in need of a guardian of the person,  208
the estate, or both, but the current guardian dies, resigns, or  209
is removed, or an interim guardianship expires.  210
       Sec. 2111.011. (A) The clerk of the probate court shall  211
furnish a guardianship guide, prepared either by the attorney  212
general with the approval of the Ohio judicial conference or by  213
the Ohio judicial conference under division (B) of this section,  214
to a guardian of an incompetent adult at either of the following  215
times, whichever is applicable:  216
       (1) Upon the appointment of the guardian under section  217
2111.02 of the Revised Code;  218
       (2) If the guardian was appointed prior to the effective  219
date of this section, upon the first filing by the guardian with  220
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As Introduced
the probate court of either of the following, as applicable,  221
after that effective date:  222
        (a) A guardian's account, other than a final account, that  223
is required to be filed under section 2109.302 of the Revised  224
Code;  225
        (b) A guardian's report that is required to be filed under  226
section 2111.49 of the Revised Code.  227
        (B)(1) If the attorney general subsequently prepares any  228
updated version of the guardianship guide, the updated guide  229
shall include the rights of a ward as stated in any relevant  230
provision of the Revised Code that is then current. The clerk of  231
the probate court shall furnish the most recent version of the  232
guide to a guardian at either of the following times, whichever  233
is applicable:  234
        (a) Upon the appointment of the guardian under section  235
2111.02 of the Revised Code after the most recent version of the  236
guide is prepared;  237
        (b) If the guardian was appointed prior to the date of the  238
most recent version of the guide, upon the first filing by the  239
guardian with the probate court of either of the documents  240
described in divisions (A)(2)(a) and (b) of this section, as  241
applicable, after that date.  242
        (2) In the alternative, the Ohio judicial conference may  243
create, at their cost, an alternative guardianship guide for use  244
in all probate courts. The alternative guardianship guide shall  245
be distributed in accordance with all provisions contained in  246
this actsection. The court shall furnish this alternative  247
guardianship guide in accordance with the provisions of this  248
section.  249
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As Introduced
        (C) The probate court shall establish a form for a  250
guardian to sign acknowledging that the guardian received a  251
guardianship guide pursuant to this section.  252
        (D) Upon receiving a guardianship guide, the guardian  253
shall sign the form specified in division (C) of this section.  254
The signed form shall be kept permanently in the guardianship  255
file of the probate court.  256
        Sec. 2111.02. (A) If found necessary, a probate court on  257
its own motion or on application by any interested party shall  258
appoint, subject to divisions (C) and (D) of this section and to  259
section 2109.21 and division (B) of section 2111.121 of the  260
Revised Code, a guardian of the person, the estate, or both, of  261
a minor or incompetent adult, provided the person for whom the  262
guardian is to be appointed is a resident of the county or has a  263
legal settlement in the county. If the person for whom the  264
guardian is to be appointed is an adult, the person must be a  265
qualified respondent as described in section 2112.21 of the  266
Revised Code and have the opportunity to have the assistance of  267
counsel in the proceeding for the appointment of that guardian.  268
An interested party includes, but is not limited to, a person  269
nominated in a durable power of attorney under division (E) of  270
section 1337.24 1337.12 of the Revised Code or in a writing as  271
described in division (A) of section 2111.121 of the Revised  272
Code.  273
        Except when the guardian of an incompetent adult is an  274
agency under contract with the department of developmental  275
disabilities for the provision of protective services under  276
sections 5123.55 to 5123.59 of the Revised Code, or another  277
agency or corporation appointed by the court, the guardian of an  278
incompetent adult, by virtue of the appointment as guardian,  279
H. B. No. 491  Page 11
As Introduced
shall be the guardian of the minor children of the guardian's  280
ward upon the filing of a separate application under a new case  281
number, unless the court appoints some other person as their  282
guardian.  283
       When the primary purpose of the appointment of a guardian  284
is, or was, the collection, disbursement, or administration of  285
moneys awarded by the veterans administration to the ward, or  286
assets derived from those moneys, no court costs shall be  287
charged in the proceeding for the appointment or in any  288
subsequent proceedings made in pursuance of the appointment,  289
unless the value of the estate, including the moneys then due  290
under the veterans administration award, exceeds one thousand  291
five hundred dollars.  292
       (B)(1) If the probate court finds it to be in the best  293
interest of a minor or an incompetent or minoradult, it may  294
appoint pursuant to divisions (A) and (C) of this section, on  295
its own motion or on application by an interested party, a  296
limited guardian with specific limited powers. The sections of  297
the Revised Code, rules, and procedures governing guardianships  298
apply to a limited guardian, except that the order of  299
appointment and letters of authority of a limited guardian shall  300
state the reasons for, and specify the limited powers of, the  301
guardian. The court may appoint a limited guardian for a  302
definite or indefinite period. An incompetent or A minor or an  303
incompetent adult for whom a limited guardian has been appointed  304
retains all of the incompetent's or minor's or incompetent  305
adult's rights in all areas not affected by the court order  306
appointing the limited guardian.  307
       (2) If a guardian appointed pursuant to division (A) of  308
this section is temporarily or permanently removed or resigns,  309
H. B. No. 491  Page 12
As Introduced
and if the welfare of the ward requires immediate action, at any  310
time after the removal or resignation, the probate court may  311
appoint, ex parte and with or without notice to the ward or  312
interested parties, an interim guardian for a maximum period of  313
fifteen days. If the court appoints the interim guardian ex  314
parte or without notice to the ward, the court, at its first  315
opportunity, shall enter upon its journal with specificity the  316
reason for acting ex parte or without notice, and, as soon as  317
possible, shall serve upon the ward a copy of the order  318
appointing the interim guardian. For good cause shown, after  319
notice to the ward and interested parties and after a hearing,  320
the court may extend an interim guardianship for a specified  321
period, but not to exceed an additional thirty daystwo  322
subsequent thirty-day periods.  323
       (3) If a guardian appointed pursuant to division (A) of  324
this section dies, resigns, is removed, or an interim  325
guardianship established pursuant to division (B)(2) of this  326
section expires, and the ward is still in need of a guardian of  327
the person, the estate, or both, notice of the vacancy shall be  328
provided to the ward and sent to the ward's nearest next of kin  329
by regular United States mail, provided the court knows the  330
address of that next of kin. The court may appoint a successor  331
guardian upon application by any interested party after  332
providing notice to the ward, or may appoint a successor  333
guardian subject to divisions (C) and (D) of this section if the  334
court finds it necessary to determine the suitability of the  335
applicants or it would otherwise be in the ward's best interest.  336
If a successor guardian application has not been filed by an  337
interested party within thirty days of the notice of the  338
vacancy, the court may appoint a successor guardian sua sponte  339
and without a hearing or further notice to the ward, except that  340
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As Introduced
the court shall provide notice to the ward following the  341
appointment of the successor guardian.  342
       (4) If a minor or incompetent adult has not been placed  343
under a guardianship pursuant to division (A) of this section  344
and if an emergency exists and it is reasonably certain that  345
immediate action is required to prevent significant injury to  346
the person or estate of the minor or incompetent adult, at any  347
time after it receives notice of the emergency, the court, ex  348
parte, may issue any order that it considers necessary to  349
prevent injury to the person or estate of the minor or  350
incompetent adult, or may appoint an emergency guardian for a  351
maximum period of seventy-two hours. A written copy of any order  352
issued by a court under this division shall be served upon the  353
incompetent or minor or incompetent adult as soon as possible  354
after its issuance. Failure to serve that order after its  355
issuance or prior to the taking of any action under its  356
authority does not invalidate the order or the actions taken.  357
The powers of an emergency guardian shall be specified in the  358
letters of appointment, and shall be limited to those powers  359
that are necessary to prevent injury to the person or estate of  360
the minor or incompetent adult. If the court acts ex parte or  361
without notice to the minor or incompetent adult, the court, at  362
its first opportunity, shall enter upon its journal a record of  363
the case and, with specificity, the reason for acting ex parte  364
or without notice. For good cause shown, after notice to the  365
minor or incompetent adult and interested parties, and after a  366
hearing, the court may extend an emergency guardianship for a  367
specified period, but not to exceed an additional thirty days.  368
       (C) Prior to the appointment of a guardian or limited  369
guardian under division (A) or (B)(1) of this section, the court  370
shall conduct a hearing on the matter of the appointment. The  371
H. B. No. 491  Page 14
As Introduced
hearing shall be conducted in accordance with all of the  372
following:  373
       (1) The proposed guardian or limited guardian shall appear  374
at the hearing and, if appointed, shall swear under oath that  375
the proposed guardian or limited guardian has made and will  376
continue to make diligent efforts to file a true inventory in  377
accordance with section 2111.14 of the Revised Code and find and  378
report all assets belonging to the estate of the ward and that  379
the proposed guardian or limited guardian faithfully and  380
completely will fulfill the other duties of a guardian,  381
including the filing of timely and accurate reports and  382
accountings.  383
       (2) If the hearing is conducted by a magistrate, the  384
procedures set forth in Civil Rule 53 shall be followed.  385
       (3) If the hearing concerns the appointment of a guardian  386
or limited guardian for an alleged incompetent adult, the burden  387
of proving incompetency shall be by clear and convincing  388
evidence.  389
       (4) Upon request of the applicant, the alleged incompetent  390
adult for whom the appointment is sought or the alleged  391
incompetent's incompetent adult's counsel, or any interested  392
party, a recording or record of the hearing shall be made.  393
       (5) Evidence of a less restrictive alternative to  394
guardianship may be introduced, and when introduced, shall be  395
considered by the court.  396
       (6) The court may deny a guardianship based upon a finding  397
that a less restrictive alternative to guardianship exists.  398
       (7) If the hearing concerns the appointment of a guardian  399
or limited guardian for an alleged incompetent adult, the  400
H. B. No. 491  Page 15
As Introduced
alleged incompetent adult has all of the following rights:  401
       (a) The right to be represented by independent counsel of  402
the alleged incompetent's incompetent adult's choice;  403
       (b) The right to have a friend or family member of the  404
alleged incompetent's incompetent adult's choice present;  405
       (c) The right to have evidence of an independent expert  406
evaluation introduced;  407
       (d) If the alleged incompetent adult is indigent, upon the  408
alleged incompetent's incompetent adult's request:  409
       (i) The right to have counsel and an independent expert  410
evaluator appointed at court expense;  411
       (ii) If the guardianship, limited guardianship, or standby  412
guardianship decision is appealed, the right to have counsel  413
appointed and necessary transcripts for appeal prepared at court  414
expense.  415
       (D)(1) If a person has been nominated to be a guardian of  416
the estate of a minor in or pursuant to a durable power of  417
attorney under section 1337.24 of the Revised Code or a writing  418
as described in division (A) of section 2111.121 of the Revised  419
Code, the person nominated has preference in appointment over a  420
person selected by the minor. A person who has been nominated to  421
be a guardian of the person of a minor in or pursuant to a  422
durable power of attorney or writing of that nature does not  423
have preference in appointment over a person selected by the  424
minor, but the probate court may appoint the person named in the  425
durable power of attorney or the writing, the person selected by  426
the minor, or another person as guardian of the person of the  427
minor.  428
H. B. No. 491  Page 16
As Introduced
       (2) A person nominated as a guardian of an incompetent  429
adult child pursuant to a durable power of attorney under  430
division (E) of section 1337.24 1337.12 of the Revised Code or  431
pursuant to section 2111.121 of the Revised Code shall have  432
preference in appointment over a person applying to be guardian  433
if the person nominated is competent, suitable, and willing to  434
accept the appointment, and if the incompetent adult child does  435
not have a spouse or an adult child and has not designated a  436
guardian prior to the court finding the adult child incompetent.  437
       Sec. 2111.021. A competent adult who is physically infirm  438
may petition the probate court of the county in which the  439
petitioner resides, to place, for a definite or indefinite  440
period of time, the petitioner's person, any or all of the  441
petitioner's real or personal property, or both under a  442
conservatorship with the court. A petitioner either may grant  443
specific powers to the conservator or court or may limit any  444
powers granted by law to the conservator or court, except that  445
the petitioner may not limit the powers granted to the court by  446
this section and may not limit the requirement for bond as  447
determined by the court. The petition shall state whether the  448
person of the competent adult will be placed under the  449
conservatorship, shall state with particularity all real and  450
personal property that will be placed under the conservatorship,  451
shall state the powers granted and any limitation upon the  452
powers of the conservator or court, and shall state the name of  453
a proposed suitable conservator.  454
       After a hearing, if the court finds that the petition was  455
voluntarily filed and that the proposed conservator is suitable,  456
the court shall issue an order of conservatorship. Upon issuance  457
of the order, all sections of the Revised Code governing a  458
guardianship of the person, the estate, or both, whichever is  459
H. B. No. 491  Page 17
As Introduced
involved, except those sections the application of which  460
specifically is limited by the petitioner, and all rules and  461
procedures governing a guardianship of the person, the estate,  462
or both, shall apply to the conservatorship, including, but not  463
limited to, applicable bond and accounting requirements.  464
       A conservatorship shall terminate upon a judicial  465
determination of incompetency, the death of the petitioner, the  466
order of the probate court, or the execution of a written  467
termination notice by the petitioner. A termination notice shall  468
take effect upon execution by the petitioner, and shall be filed  469
with the court and served upon the conservator. A termination  470
notice executed by a petitioner relative to a conservatorship of  471
the estate and the termination of a conservatorship of the  472
estate based upon a termination notice are void unless the  473
termination notice is filed with the court within fourteen days  474
after its execution. Modification of the powers of a conservator  475
or the court may be made by the petitioner upon motion to the  476
court at any time during the conservatorship. Neither the  477
establishment of a conservatorship nor the filing of a petition  478
for conservatorship with the probate court shall be considered  479
as evidence of mental impairment under section 2111.01 of the  480
Revised Code.  481
       Upon motion to the probate court and a showing of good  482
cause, the court may make confidential, or remove from  483
confidential status, any file, record, petition, motion,  484
account, or paper, except for an index, docket, or journal, that  485
pertains to a conservatorship and that is in the possession of  486
the court.  487
       Sec. 2111.022. (A) A probate court, on its own motion or  488
on application of an interested party, may issue an emergency ex  489
H. B. No. 491  Page 18
As Introduced
parte order freezing the financial assets of an individual whom  490
the court or applicant has reason to believe is missing or has  491
gone or been taken to another state away if it is reasonably  492
certain that immediate action is required to prevent significant  493
financial harm to the individual. The order may freeze the  494
individual's assets for a period not exceeding seventy-two  495
hours. If the individual is located, a written copy of the order  496
shall be served upon the individual as soon as possible after  497
its issuance. The court, at its first opportunity, shall enter  498
upon its journal a record of the case and, with specificity, the  499
reason for the action. For good cause shown, after notice to the  500
individual and after a hearing, the court may extend the  501
emergency order for a specified period of not more than thirty  502
additional days.  503
        (B) The powers of the probate court under this section are  504
in addition to and not in derogation of any powers the court has  505
under division (B)(3) (B)(4) of section 2111.02 of the Revised  506
Code.  507
        Sec. 2111.023. (A) As used in this section, "person in  508
need of assistance" means an individual who does not have a  509
guardian and is unable to apply for medical assistance through  510
the medicaid program without the support of another person.  511
        (B)(1) Upon application of an interested party, a probate  512
court may issue an emergency ex parte order appointing a  513
representative to act on behalf of a person in need of  514
assistance for the limited purpose of applying for medical  515
assistance through the medicaid program. The order shall  516
authorize the representative to take all actions necessary to  517
make an application for medical assistance pursuant to the  518
applicable provisions of the Revised Code and administrative  519
H. B. No. 491  Page 19
As Introduced
rules and regulations of the department of medicaid.  520
       (2) The application of the interested party shall include  521
all of the following:  522
       (a) Any affidavits or other documents necessary to attest  523
to all of the following:  524
       (i) The person in need of assistance has a physical or  525
mental impairment that substantially limits the person's ability  526
to access verifications or documents necessary for the  527
department of medicaid to process medicaid applications.  528
       (ii) The person in need of assistance has no available  529
representative to assist in accessing any public assistance.  530
       (iii) To the best of the affiant's or representative's  531
knowledge, the person in need of assistance has not granted any  532
person a durable power of attorney, or if a durable power of  533
attorney has been granted, either the durable power of attorney  534
does not grant the powers necessary for the agent to complete a  535
medicaid application on the affiant's behalf or the agent under  536
that power of attorney is unavailable or has failed to act on  537
behalf of the person in need of assistance in accessing any  538
public assistance.  539
       (iv) The person in need of assistance has no court-  540
appointed guardian.  541
       (b) The current residence of the person in need of  542
assistance.  543
       (c) If applicable, details of the proposed placement of  544
and plan of care for the person in need of assistance and  545
information concerning money due and owing for the person in  546
need of assistance's care.  547
H. B. No. 491  Page 20
As Introduced
       (3) The representative, once appointed, shall file a  548
notice with the court within thirty days after completion of the  549
medicaid application.  550
       (C) The powers of the probate court under this section are  551
in addition to and not in derogation of any powers the court has  552
under division (B)(4) of section 2111.02 of the Revised Code.  553
       Sec. 2111.03. A person applying for appointment as a  554
guardian, including, but not limited to, as a limited guardian,  555
pursuant to section 2111.02 of the Revised Code, shall file with  556
the probate court an application that contains a statement of  557
the whole estate of the ward, its probable value, and the  558
probable annual rents of the ward's real property, and that also  559
contains the following:  560
       (A) A statement whether the applicant ever has been  561
charged with or convicted of any crime involving theft, physical  562
violence, or sexual, alcohol, or substance abuse, and, if the  563
applicant has been so charged or convicted, the date and place  564
of each charge and each conviction;  565
       (B) A statement whether a limited guardianship is sought  566
and, if sought, a specification of the limited powers that are  567
requested and a statement whether the limited guardianship is to  568
be for a definite or indefinite period;  569
       (C) In the case of an application for the appointment of a  570
guardian of a minor, all of the following:  571
       (1) Name, age, and residence of the minor;  572
       (2) Name and residence of each parent of the minor;  573
       (3) Name, degree of kinship, age, and address of next of  574
kin of the minor, if no parent is living or if a parent of the  575
H. B. No. 491  Page 21
As Introduced
minor is absent, under disability, or for other reason cannot be  576
notified;  577
       (4) Name and residence address of the person having  578
custody of the minorThe affidavit as set forth in section  579
3127.23 of the Revised Code;  580
       (5) The name and contact information of any person  581
nominated in a writing pursuant to section 2111.121 of the  582
Revised Code.  583
       (D) In the case of an application for the appointment of a  584
guardian of an alleged incompetent adult, all of the following:  585
       (1) Name, age, and residence of the person for whom such  586
appointment is sought;  587
       (2) Facts upon which the application is based;  588
       (3) Name, degree of kinship, age, and address of the next  589
of kin of the alleged incompetent adult;  590
       (4) The proposed ward's military service, if applicable;  591
       (5) The name and contact information of any person  592
nominated pursuant to division (E) of section 1337.12 of the  593
Revised Code or nominated in a writing pursuant to section  594
2111.121 of the Revised Code;  595
       (6) A statement of expert evaluation under Rule 66 of the  596
Rules of Superintendence for the Courts of Ohio, by a licensed  597
physician, licensed clinical psychologist, licensed independent  598
social worker, licensed professional clinical counselor,  599
clinical nurse specialist, certified nurse practitioner,  600
physician assistant, or other qualified person as determined by  601
the court, who has evaluated or examined the proposed ward  602
within three months prior to the date of the statement of expert  603
H. B. No. 491  Page 22
As Introduced
evaluation regarding the need for establishing the guardianship.  604
       The court, on its own motion, shall proceed as provided in  605
this chapter, upon suggestion by the bureau of workers'  606
compensation that any person who has made application for or  607
been awarded compensation or death benefits as an employee or  608
the dependent of a killed employee is a minor or an incompetent  609
adult. In that case, no application need be filed and the bureau  610
shall furnish the court with the name and residence of such  611
person and the name, degree of kinship, age, and address of the  612
father, mother, or next of kin of such person insofar as known  613
by the bureau.  614
       Sec. 2111.031. In connection with an application for the  615
appointment of a guardian for an alleged incompetent adult, the  616
court may appoint physicians, clinical nurse specialists,  617
certified nurse practitioners, and other qualified persons as  618
determined by the court, to examine, investigate, or represent  619
evaluate the alleged incompetent adult, to assist the court in  620
deciding whether a guardianship is necessary. The court may  621
determine that the evaluation of the alleged incompetent adult  622
may be accomplished by electronic means. If the alleged  623
incompetent adult has not been evaluated within fourteen days  624
after the court appoints physicians or other qualified persons,  625
upon application to the court and for good cause shown, the  626
court may order an appropriate emergency medical technician or  627
law enforcement personnel to transport the proposed ward for  628
evaluation.  629
       If the person is determined to be an incompetent adult and  630
a guardian is appointed for the person, the costs, fees, or  631
expenses incurred to so assist the court shall be charged either  632
against the estate of the person or against the applicant,  633
H. B. No. 491  Page 23
As Introduced
unless the court determines, for good cause shown, that the  634
costs, fees, or expenses are to be recovered from the county, in  635
which case they shall be charged against the county. If the  636
person is not determined to be an incompetent adult or a  637
guardian is not appointed for the person, the costs, fees, or  638
expenses incurred to so assist the court shall be charged  639
against the applicant, unless the court determines, for good  640
cause shown, that the costs, fees, or expenses are to be  641
recovered from the county, in which case they shall be charged  642
against the county.  643
       A court may require the applicant to make an advance  644
deposit of an amount that the court determines is necessary to  645
defray the anticipated costs of examinations evaluations of an  646
alleged incompetent adult and to cover fees or expenses to be  647
incurred to assist it in deciding whether a guardianship is  648
necessary.  649
       This section does not affect or apply to the duties of a  650
probate court investigator under sections 2111.04 and 2111.041  651
of the Revised Code.  652
       Sec. 2111.04. (A) Except for an interim, successor, or  653
emergency guardian appointed under division (B)(2) or, (3), or  654
(4) of section 2111.02 of the Revised Code, no guardian of the  655
person, the estate, or both shall be appointed until at least  656
seven days after the probate court has caused written notice,  657
setting forth the time and place of the hearing, to be served as  658
follows:  659
       (1) In the appointment of the guardian of a minor, notice  660
shall be served as follows:  661
       (a) Upon the minor, if over the age of fourteentwelve, by  662
H. B. No. 491  Page 24
As Introduced
personal service;  663
       (b) Upon each parent of the minor whose name and address  664
is known or with reasonable diligence can be ascertained,  665
provided the parent is free from disability other than minority;  666
       (c) Upon the next of kin of the minor who are known to  667
reside in this state, if there is no living parent, the name and  668
address of the parent cannot be ascertained, or the parent is  669
under disability other than minority;  670
       (d) Upon the person having the custody of the minor.  671
       (2) In the appointment of the guardian of an incompetent  672
adult, notice shall be served as follows:  673
       (a)(i) Upon the person for whom appointment is sought by  674
personal service, by a probate court investigator, or in the  675
manner provided in division (A)(2)(a)(ii) of this section. The  676
notice shall be in boldface type and shall inform the alleged  677
incompetent adult, in boldface type, of the alleged  678
incompetent's incompetent adult's rights to be present at the  679
hearing, to contest any application for the appointment of a  680
guardian for the alleged incompetent's incompetent adult's  681
person, estate, or both, and to be represented by an attorney  682
and of all of the rights set forth in division (C)(7) of section  683
2111.02 of the Revised Code.  684
       (ii) If the person for whom appointment is sought is a  685
resident of, or has a legal settlement in, the county in which  686
the court has jurisdiction, but is absent from that county, the  687
probate court may designate, by order, a temporary probate court  688
investigator, in lieu of a regular probate court investigator  689
appointed or designated under section 2101.11 of the Revised  690
Code, to make the personal service of the notice described in  691
H. B. No. 491  Page 25
As Introduced
division (A)(2)(a)(i) of this section upon the person for whom  692
appointment is sought.  693
       (b) Upon the next of kin of the person for whom  694
appointment is sought who are known to reside in this state.  695
       (B) After service of notice in accordance with division  696
(A) of this section and for good cause shown, the court may  697
appoint a guardian prior to the time limitation specified in  698
that division.  699
       (C) Notice may not be waived by the person for whom the  700
appointment is soughtFor good cause shown, the requirement of  701
notice under division (A) of this section may be waived, except  702
for the notice to the proposed ward.  703
       (D) From the service of notice until the hearing, no sale,  704
gift, conveyance, or encumbrance of the property of an alleged  705
incompetent adult shall be valid as to persons having notice of  706
the proceeding.  707
       Sec. 2111.041. (A) At the time of the service of notice  708
upon an alleged incompetent adult, as required by division (A)  709
(2)(a) of section 2111.04 of the Revised Code, the court shall  710
require a regular probate court investigator appointed or  711
designated under section 2101.11 of the Revised Code or appoint  712
a temporary probate court investigator to investigate the  713
circumstances of the alleged incompetent adult, and, to the  714
maximum extent feasible, to communicate to the alleged  715
incompetent adult in a language or method of communication that  716
the alleged incompetent adult can understand, the alleged  717
incompetent's incompetent adult's rights as specified in that  718
division, and subsequently to file with the court a report that  719
contains all of the following:  720
H. B. No. 491  Page 26
As Introduced
       (1) A statement indicating that the notice was served and  721
describing the extent to which the alleged incompetent's  722
incompetent adult's rights to be present at the hearing, to  723
contest any application for the appointment of a guardian for  724
the alleged incompetent's incompetent adult's person, estate, or  725
both, and to be represented by an attorney were communicated to  726
the alleged incompetent adult in a language or method of  727
communication understandable to the alleged incompetent adult;  728
       (2) A brief description, as observed by the investigator,  729
of the physical and mental condition of the alleged incompetent  730
adult;  731
       (3) A recommendation regarding the necessity for a  732
guardianship or a less restrictive alternative;  733
       (4) A recommendation regarding the necessity of appointing  734
pursuant to section 2111.031 of the Revised Code, an attorney to  735
represent the alleged incompetent adult.  736
       (B) The report that is required by division (A) of this  737
section shall be made a part of the record in the case and shall  738
be considered by the court prior to establishing any  739
guardianship for the alleged incompetent adult.  740
       Sec. 2111.05. (A) When the whole estate of a ward does not  741
exceed twenty-five thousand dollars in value, the guardian may  742
apply to the probate court for an order to terminate the  743
guardianship of the estate. Upon proof that it would be for the  744
best interest of the ward to terminate the guardianship, the  745
court may order the guardianship terminated, and direct the  746
guardian, if.  747
       (1) If the ward is a minor, the court may direct the  748
guardian to deposit the assets of the guardianship in a  749
H. B. No. 491  Page 27
As Introduced
depository authorized to receive fiduciary funds, payable to the  750
ward when the ward attains minor upon attaining the age of  751
majority, or the court may authorize the delivery of the assets  752
to the natural guardian of the minor, to the person by whom the  753
minor is maintained, to the executive director of children  754
services in the county, or to the minor's own self. A receipt  755
verifying the deposit of assets shall be submitted to the court.  756
Release of any funds held in a depository for the benefit of the  757
minor shall be by court order, including the release of funds to  758
the minor upon attaining the age of majority. In the alternative  759
and for good cause shown, the court may direct the guardian to  760
deliver the assets to a suitable person. The person receiving  761
the assets shall hold and dispose of them in the manner the  762
court directs.  763
       (2) If the ward is an incompetent adult, and the court  764
orders the guardianship terminated, the court may authorize the  765
deposit of the assets of the guardianship in a depository  766
authorized to receive fiduciary funds in the name of a suitable  767
person to be designated by the court, or if. A receipt verifying  768
the deposit of assets shall be submitted to the court. Release  769
of any funds held in a depository for the benefit of the  770
incompetent adult shall be by court order. If the assets do not  771
consist of money, the court may authorize delivery to a suitable  772
person to be designated by the court. The person receiving the  773
assets shall hold and dispose of them in the manner the court  774
directs.  775
       (B) If the court refuses to grant the application to  776
terminate the guardianship, or if no such application is  777
presented to the court, the guardian only shall be required to  778
render account upon the termination of the guardianship, upon  779
order of the probate court made upon on its own motion, or upon  780
H. B. No. 491  Page 28
As Introduced
the order of the court made on the motion of a person interested  781
in the wards or their property, for good cause shown, and set  782
forth upon the journal of the court.  783
       (C) If the estate of a minor is twenty-five thousand  784
dollars or less and the ward is a minor, the court, without the  785
appointment of a guardian by the court, or if a guardian is  786
appointed by the court, without the giving of bond, may  787
authorize the deposit in a depository authorized to receive  788
fiduciary funds, payable to the guardian when appointed, or to  789
the ward when the ward attains minor upon attaining the age of  790
majority, or the court may authorize delivery to the natural  791
guardian of the minor, to the person by whom the minor is  792
maintained, to the executive director who is responsible for the  793
administration of children services in the county, or to the  794
minor's own self. A receipt verifying the deposit of assets  795
shall be submitted to the court. Release of any funds held in a  796
depository for the benefit of the minor shall be by court order,  797
including the release of the funds to the minor upon attaining  798
the age of majority. In the alternative and for good cause  799
shown, the court may authorize delivery of the assets to a  800
suitable person. The person receiving the assets shall hold and  801
dispose of them in the manner the court directs.  802
       (D) If the whole estate of a person over eighteen years of  803
age or older, who has been adjudged an incompetent adult, does  804
not exceed twenty-five thousand dollars in value, the court,  805
without the appointment of a guardian by the court or if a  806
guardian is appointed by the court, without the giving of bond,  807
may authorize the deposit of the estate assets in a depository  808
authorized to receive fiduciary funds in the name of a suitable  809
person to be designated by the court, or if. A receipt verifying  810
the deposit of assets shall be submitted to the court. Release  811
H. B. No. 491  Page 29
As Introduced
of any funds held in a depository for the benefit of the  812
incompetent adult shall be by court order. If the assets do not  813
consist of money, the court may authorize delivery to a suitable  814
person to be designated by the court. The person receiving the  815
assets shall hold and dispose of them in the manner the court  816
directs.  817
        Sec. 2111.06. (A) If the powers of the person appointed as  818
guardian of a minor or an incompetent adult are not limited by  819
the order of appointment, the person shall be guardian both of  820
the person and estate of the ward. In every instance, the court  821
shall appoint the same person as guardian of the person and  822
estate of the ward, unless in the opinion of the court the  823
interests of the ward will be promoted by the appointment of  824
different persons as guardians of the person and of the estate.  825
        (B) A guardian of the person of an incompetent adult shall  826
oversee the physical placement, maintenance, and care of the  827
ward.  828
        (C) A guardian of the person of a minor shall be appointed  829
as to a minor having no father or motherliving parent, whose  830
parents are unsuitable persons to have the custody of the minor  831
and to provide for the education of the minor as required by  832
section 3321.01 of the Revised Code, or whose interests, in the  833
opinion of the court, will be promoted by the appointment of a  834
guardian. A guardian of the person shall have the custody and  835
provide for the maintenance of the ward, and if the ward is a  836
minor, the guardian shall also provide for the education of the  837
ward as required by section 3321.01 of the Revised Code.  838
        (D)(1) A guardian of the person of a minor shall have the  839
legal custody of the minor.  840
H. B. No. 491  Page 30
As Introduced
       (2) As used in division (D)(1) of this section, "legal  841
custody" means a legal status that vests in the custodian the  842
right to have physical care and control of the minor, and to  843
determine where and with whom the minor shall live, and the  844
right and duty to protect, train, and discipline the minor and  845
to provide the minor with food, shelter, education, and medical  846
care, all subject to any residual parental rights, privileges,  847
and responsibilities.  848
       (E) Before exercising its jurisdiction to appoint a  849
guardian of a minor, the court shall comply with the  850
jurisdictional standards of sections 3127.01 to 3127.53 of the  851
Revised Code.  852
       Sec. 2111.08. The wife and husband are the joint natural  853
guardians of their minor children and are equally charged with  854
their care, nurture, welfare, and education and the care and  855
management of their estates. The wife and husband have equal  856
powers, rights, and duties and neither parent has any right  857
paramount to the right of the other concerning the parental  858
rights and responsibilities for the care of the minor or the  859
right to be the residential parent and legal custodian of the  860
minor, the control of the services or the earnings of such  861
minor, or any other matter affecting the minor; provided that if  862
either parent, to the exclusion of the other, is maintaining and  863
supporting the child, that parent shall have the paramount right  864
to control the services and earnings of the child. Neither  865
parent shall forcibly take a child from the guardianship of the  866
parent who is the residential parent and legal custodian of the  867
child.  868
       If the wife and husband live apart, the court may award  869
the guardianship of a minor to either parent, and the state in  870
H. B. No. 491  Page 31
As Introduced
which the parent who is the residential parent and legal  871
custodian or who otherwise has the lawful custody of the minor  872
resides has jurisdiction to determine questions concerning the  873
minor's guardianshipMarried parents are the joint natural  874
guardians of their minor children.  875
       Sec. 2111.091. No attorney who represents any other person  876
and who is appointed as a guardian under this chapter or under  877
any other provision of the Revised Code shall do either of the  878
following:  879
       (A) Act as a person with co-responsibility for any  880
guardianship asset for which the guardian is responsible;  881
       (B) Be a cosignatory on any financial account related to  882
the guardianship, including any checking account, savings  883
account, or other banking or trust account.  884
       Sec. 2111.12. (A) A minor over the age of fourteen twelve  885
years may select a guardian who shall be appointed if a suitable  886
person. If a minor over the age of fourteen twelve years fails  887
to select a suitable person, an appointment may be made without  888
reference to the minor's wishes. The minor shall not select one  889
person to be the guardian of the minor's estate only and another  890
to be the guardian of the person only, unless the court that  891
appoints the guardian is of the opinion that the interests of  892
that minor will be promoted by that selection.  893
       (B) A surviving parent by a will in writing may appoint  894
nominate a guardian for any of the surviving parent's children,  895
whether born at the time of making the will or afterward, to  896
continue during the minority of the child or for a less time.  897
       When the father or mother parent of a minor names  898
nominates a person as guardian of the estate of that minor in a  899
H. B. No. 491  Page 32
As Introduced
will, the person named nominated shall have preference in  900
appointment over the person selected by the minor. A person  901
named nominated in that will as guardian of the person of that  902
minor shall have no preference in appointment over the person  903
selected by the minor, but in that event the probate court may  904
appoint the person named in the will, the person selected by the  905
minor, or some other person.  906
       Whenever a testamentary guardian is appointed, the  907
testamentary guardian's duties, powers, and liabilities in all  908
other respects shall be governed by the law regulating guardians  909
not appointed by will.  910
       (C) A parent pursuant to a durable power of attorney under  911
section 1337.24 of the Revised Code or a writing as described in  912
division (A) of section 2111.121 of the Revised Code may  913
nominate a person to be a guardian for one or more of the  914
parent's minor children, whether born at the time of the making  915
of the nomination or afterward.  916
       Sec. 2111.13. (A) When a guardian is appointed to have the  917
custody and maintenance of a ward, and to have charge of the  918
education of the ward if the ward is a minor, the guardian's  919
duties are as follows:  920
       (1) To protect and control the person oversee the physical  921
placement, maintenance, and care of the ward;  922
       (2) To provide suitable maintenance for the ward when  923
necessary, which shall be paid out of the estate of such ward  924
upon the order of the guardian of the person;  925
       (3) To provide such the maintenance and education for such  926
ward as that the amount of the ward's estate justifies when the  927
ward is a minor and has no father or motherparent, or has a  928
H. B. No. 491  Page 33
As Introduced
father or mother parent who fails to maintain or educate the  929
ward, which shall be paid out of such ward's estate upon the  930
order of the guardian of the person;  931
       (4) To obey all the orders and judgments of the probate  932
court touching the guardianship;  933
       (5) To identify both family and nonfamily members with  934
whom the ward desires to communicate, and to facilitate the  935
contact that the guardian believes is in the best interest of  936
the ward. Any dispute regarding visitation of the ward shall be  937
reviewed as provided in Rule 66 of the Rules of Superintendence  938
for the Courts of Ohio.  939
       (B) Except as provided in section 2111.131 of the Revised  940
Code, no part of the ward's estate shall be used for the  941
support, maintenance, or education of such ward unless ordered  942
and approved by the court.  943
       (C) A guardian of the person may authorize or approve the  944
provision to the ward of medical, health, or other professional  945
care, counsel, treatment, or services unless the ward or an  946
interested party files objections with the probate court, or the  947
court, by rule or order, provides otherwise.  948
       (D) Unless a person with the right of disposition for a  949
ward under section 2108.70 or 2108.81 of the Revised Code has  950
made a decision regarding whether or not consent to an autopsy  951
or post-mortem examination on the body of the deceased ward  952
under section 2108.50 of the Revised Code shall be given, a  953
guardian of the person of a ward who has died may consent to the  954
autopsy or post-mortem examination.  955
       (E) If a deceased ward did not have a guardian of the  956
estate, the estate is not required to be administered by a  957
H. B. No. 491  Page 34
As Introduced
probate court, and a person with the right of disposition for a  958
ward, as described in section 2108.70 or 2108.81 of the Revised  959
Code, has not made a decision regarding the disposition of the  960
ward's body or remains, the guardian of the person of the ward  961
may authorize the burial or cremation of the ward.  962
       (F) A guardian who gives consent or authorization as  963
described in divisions (D) and (E) of this section shall notify  964
the probate court as soon as possible after giving the consent  965
or authorization.  966
       Sec. 2111.131. (A) The probate court may enter an order  967
that authorizes a person under a duty to pay or deliver money or  968
personal property to a minor who does not have a guardian of the  969
person and estate or a guardian of the estate, to perform that  970
duty in amounts an amount not exceeding five twenty-five  971
thousand dollars annually, by paying or delivering the money or  972
property to any of the following:  973
       (1) The guardian of the person only of the minor;  974
       (2) The minor's natural guardians, if any, as determined  975
pursuant to section 2111.08 of the Revised Code;  976
       (3) The minor;  977
       (4) Any person who has the care and custody of the minor  978
and with whom the minor resides, other than a guardian of the  979
person only or a natural guardian;  980
       (5) A financial institution incident to a deposit in a  981
federally insured savings account in the sole name of the  982
minor;. A receipt verifying the deposit shall be submitted to  983
the court. Release of any funds held in a depository for the  984
benefit of the minor shall be upon court order, including the  985
release of funds to the minor upon attaining the age of  986
H. B. No. 491  Page 35
As Introduced
majority.  987
       (6) A custodian designated by the court in its order, for  988
the minor under sections 5814.01 to 5814.10 of the Revised Code;  989
       (7) A trust for the benefit of the minor pursuant to  990
section 2111.182 of the Revised Code.  991
       (B) An order entered pursuant to division (A) of this  992
section authorizes the person or entity specified in it, to  993
receive the money or personal property on behalf of the minor  994
from the person under the duty to pay or deliver it, in amounts  995
an amount not exceeding five twenty-five thousand dollars  996
annually. Money or personal property so received by guardians of  997
the person only, natural guardians, and custodians as described  998
in division (A)(4) of this section may be used by them only for  999
the support, maintenance, or education of the minor involved.  1000
The order of the court is prima-facie evidence that a guardian  1001
of the person only, a natural guardian, or a custodian as  1002
described in division (A)(4) of this section has the authority  1003
to use the money or personal property received.  1004
       (C) A person who pays or delivers moneys or personal  1005
property in accordance with a court order entered pursuant to  1006
division (A) of this section is not responsible for the proper  1007
application of the moneys or property by the recipient.  1008
       Sec. 2111.18. (A) If personal injury, damage to tangible  1009
or intangible property, or damage or loss on account of personal  1010
injury or damage to tangible or intangible property is caused to  1011
a ward by wrongful act, neglect, or default that would entitle  1012
the ward to maintain an action and recover damages for the  1013
injury, damage, or loss, and when any ward is entitled to  1014
maintain an action for damages or any other relief based on any  1015
H. B. No. 491  Page 36
As Introduced
claim or is subject to any claim to recover damages or any other  1016
relief based on any claim, the guardian of the estate of the  1017
ward may adjust and settle the claim with the advice, approval,  1018
and consent of the probate court.  1019
       If it is proposed that a claim be settled for the net  1020
amount of twenty-five thousand dollars or less after payment of  1021
fees and expenses as allowed by the court, the court, upon  1022
application by a guardian of the person of the ward, or any  1023
suitable person whom the court may authorize to receive and  1024
receipt for the settlement, may authorize the settlement without  1025
the appointment of a guardian of the estate of the ward and  1026
authorize the delivery of the moneys as provided in section  1027
2111.05 of the Revised Code. The court may authorize the person  1028
receiving the moneys to execute a complete release on account of  1029
the receipt. The payment shall be a complete and final discharge  1030
of that claim. In the settlement, if the ward is a minor, the  1031
parent or parents of the minor may waive all claim for damages  1032
on account of loss of service of the minor, and that claim may  1033
be included in the settlement. If the claimant is a minor,  1034
records of proceedings pursuant to this section are not subject  1035
to disclosure to any person who is not a party to the  1036
settlement, or made available for publication or inspection,  1037
except upon motion and show of good cause. If the claimant is a  1038
minor, records of proceedings pursuant to this section are not  1039
subject to disclosure to any person who is not a party to the  1040
settlement, or made available for publication or inspection,  1041
except upon motion and show of good cause.  1042
       (B) Nothing in this section is intended to create or imply  1043
a duty upon a guardian of the person of the ward to apply for  1044
authority to exercise any power authorized in this section. No  1045
inference of impropriety or liability of a guardian of the  1046
H. B. No. 491  Page 37
As Introduced
person of the ward or others associated with the guardian of the  1047
person of the ward arises as a result of the guardian of the  1048
person of the ward not applying for authority to exercise a  1049
power authorized in this section.  1050
       Sec. 2111.181. If personal injury, damage to tangible or  1051
intangible property, or damage or loss on account of personal  1052
injury or damage to tangible or intangible property is caused to  1053
a minor who claims to be emancipated, by wrongful act, neglect,  1054
or default that would entitle the minor to maintain an action  1055
and recover damages for the injury, damage, or loss, and if any  1056
minor who claims to be emancipated is entitled to maintain an  1057
action for damages or any other relief based on any claim, or is  1058
subject to any claim to recover damages or any other relief  1059
based on any claim, the minor who claims to be emancipated may  1060
file an application in the probate court in the county where the  1061
minor then resides, praying for a finding by the court that the  1062
minor is in fact emancipated for the sole purpose of settlement  1063
of the claim, and authorizing, approving, and consenting to the  1064
settlement of the claim by the minor without the appointment of  1065
a guardian.  1066
       Upon a hearing on the application, after five days'  1067
written notice of the time and place of the hearing has been  1068
given to each of the living parents of the minor, whose name and  1069
address is known, provided the parent is free from disability  1070
other than minority, or, if there is no living parent, after  1071
that notice to the next of kin of the minor known to reside in  1072
the county, the court may find the minor to be emancipated, may  1073
authorize, approve, and consent to the settlement of the claim  1074
by the minor without the appointment of a guardian, may  1075
authorize the minor to receive and receipt for the settlement,  1076
and, upon the minor executing and delivering a full and complete  1077
H. B. No. 491  Page 38
As Introduced
release for the injuries, damages, losses, or claims, may  1078
authorize the delivery and payment of the moneys to the minor,  1079
to a trustee or guardian of the estate of the minor appointed by  1080
the court for the benefit of the minor, or to a depository  1081
authorized to receive fiduciary funds to hold the moneys payable  1082
to the ward minor when the ward minor attains the age of  1083
majority, or for the benefit of the minor, as the court may  1084
direct.  1085
        Upon the finding of the probate court that the minor was,  1086
at the time of the injury, damage, loss, or claim, an  1087
emancipated minor, and provided the notice required by this  1088
section has been given to each living parent, whose name and  1089
address is known, then the release executed by the emancipated  1090
minor shall be a full and complete discharge and release of any  1091
claim that either or both of the parents might have by reason of  1092
the personal injury, damage to tangible or intangible property,  1093
damage or loss on account of personal injury, or damage to  1094
tangible or intangible property, or any other claim of the  1095
minor.  1096
        Sec. 2111.19. A guardian, whether appointed by a court in  1097
this state or elsewhere, may complete the contracts of the ward  1098
for the purchase or sale of real property or. An appointed  1099
successor guardian may complete any authorized contract relating  1100
to real property entered into by a guardian who has died or been  1101
removed. The appointed successor guardian shall proceed in the  1102
manner provided by sections 2113.48 to 2113.50 of the Revised  1103
Code.  1104
        Sec. 2111.20. The guardian of the person and estate, or of  1105
the estate only, may sell all or any part of the personal  1106
property of the ward if the sale is for the best interest of the  1107
H. B. No. 491  Page 39
As Introduced
ward, with prior court approval.  1108
       Sec. 2111.23. Whenever a ward, for whom a guardian of the  1109
estate or of the person and estate has been appointed, is  1110
interested in any suit or proceeding in the probate court, such  1111
guardian shall in all such suits or proceedings act as guardian  1112
ad litem for such ward, except as to suits or proceedings in  1113
which the guardian has an adverse interest. In a suit or  1114
proceeding in which the guardian has an adverse interest, the  1115
court shall appoint a guardian ad litem to represent that ward.  1116
       Whenever a minor or other person under legal disability,  1117
for whom no guardian of the estate or of the person and estate  1118
has been appointed, is interested in any suit or proceeding in  1119
such court, the court may appoint a guardian or a guardian ad  1120
litem. In a suit or proceeding in which the guardian has an  1121
adverse interest, the court shall appoint a guardian ad litem to  1122
represent such minor or other person under legal disability.  1123
       Sec. 2111.26. A guardian may lease the possession and use  1124
of to others the real property of the guardian's ward or any  1125
part of it for a term of years, renewable or otherwise, by  1126
perpetual lease, with or without the privilege of purchase, or  1127
may lease upon the terms and for the time that the probate court  1128
approves any lands belonging to the ward containing coal,  1129
gypsum, petroleum oil, natural gas, gravel, stone, or any other  1130
mineral substance for the purpose of drilling, mining, or  1131
excavating for and removing any of those substances, or the  1132
guardian may modify or change in any respect any lease  1133
previously made.  1134
       The lease, or modification or change in a lease previously  1135
made, may be made when the guardian of the person and estate or  1136
of the estate only applies to the court by which the guardian  1137
H. B. No. 491  Page 40
As Introduced
was appointed and the court finds that the lease or modification  1138
or change is necessary for the support of the ward or of the  1139
ward's family, for the payment of the just debts of the ward,  1140
for the ward's education, if a minor, to secure the improvement  1141
of the real property of the ward and increase the rent, to pay  1142
any liens or claims against the real property, if the court  1143
finds that the real property is suffering unavoidable waste, or  1144
that in any other respect it will be for the best interests of  1145
the ward or those persons for whom the ward is required by law  1146
to provide.  1147
       Sec. 2111.33. (A) A Upon motion, a guardian may use the  1148
moneys and personal property of the guardian's ward to improve  1149
the ward's real property. The guardian shall file in the probate  1150
court in which the guardian was appointed a petition motion  1151
containing the following:  1152
       (1) A description of the premises to be improved;  1153
       (2) The If applicable, the amount of rent the premises  1154
yield at the time the petition motion is filed;  1155
       (3) In what manner the improvement is proposed to be made;  1156
       (4) The proposed expenditures for the improvement;  1157
       (5) The rent the premises will probably yield when so  1158
improved, if any;  1159
       (6) A statement of the value of the ward's personal  1160
property;  1161
       (7) Other facts that are pertinent to the question whether  1162
the improvement should be made;  1163
       (8) A prayer that the guardian be authorized to use so  1164
much of the ward's money and personal property that is necessary  1165
H. B. No. 491  Page 41
As Introduced
to make the improvement;  1166
       (9) The character of the disability of the ward, and if it  1167
is incompetency, whether the disability is curable or not,  1168
temporary, or confirmed, and its duration;  1169
       (10) The names, ages, and residence of the family of the  1170
ward, including the spouse and those known to be residents of  1171
the county who have the next estate of inheritance from the  1172
ward. All of those persons, as well as the ward, shall be made  1173
defendants and notified of the pendency and prayer of the  1174
petition in the manner that the court directs.  1175
       (B) If the property is so situated that, to the best  1176
interests of the ward's estate, it can be advantageously  1177
improved in connection with the improvement of property adjacent  1178
to it, the petition shall show this and have a prayer to so  1179
improve the propertyThe court may appoint a guardian ad litem to  1180
report to the court the guardian ad litem's opinion whether the  1181
improvement proposed will be necessary, reasonable, and  1182
beneficial to the estate of the ward.  1183
       Sec. 2111.37. If a nonresident minor, or incompetent, or  1184
person confined in a state, charitable, or correctional  1185
institution     adult has real property or rights, credits, moneys,  1186
or other personal property in this state, the probate court of  1187
the county in which the property or a part of it is situated may  1188
appoint a resident guardian of the ward to manage, collect,  1189
lease, and take care of the ward's property. The appointment may  1190
be made whether or not a ward has a guardian, trustee, or other  1191
conservator in the state of the ward's residence, and, if the  1192
ward has a guardian, trustee, or other conservator in the state  1193
of the ward's residence, the control and authority of the  1194
resident guardian appointed in this state shall be superior as  1195
H. B. No. 491  Page 42
As Introduced
to all property of the ward in this state.  1196
       The first appointment of a resident guardian of a  1197
nonresident ward shall extend to all the property and effects of  1198
the ward in this state and exclude the jurisdiction of the  1199
probate court of any other county.  1200
       Sec. 2111.38. The resident guardian of a nonresident ward  1201
shall give bond and be bound and controlled by all the statutes  1202
of this state as though the resident guardian were a guardian of  1203
a ward resident in this state, and shall have all of the  1204
authority of a guardian of a resident ward including the  1205
authority to lease or sell real property belonging to the ward.  1206
       Unless removed by the probate court, a resident guardian  1207
of a nonresident minor shall hold that appointment until the  1208
minor dies or arrives at the age of majority, whether or not the  1209
minor is was over fourteen years of age at the time of  1210
appointment prior to the effective date of this section or  1211
whether or not the minor is over twelve years of age at the time  1212
of appointment on or after the effective date of this section. A  1213
resident guardian of any other nonresident ward shall hold that  1214
appointment until the death of the ward or until the court is  1215
satisfied that the necessity for the guardianship no longer  1216
exists.  1217
       All moneys due to the nonresident ward while the resident  1218
guardianship continues shall be paid over to the ward's foreign  1219
guardian so far as necessary or proper for the ward's support  1220
and maintenanceif it is in the ward's best interest. If the ward  1221
dies, the moneys shall be paid to the ward's ancillary  1222
administrator or other legal representative, provided that the  1223
court that appointed the resident guardian has satisfactory  1224
proof, as provided by section 2111.39 of the Revised Code, of  1225
H. B. No. 491  Page 43
As Introduced
the authority of the foreign guardian, administrator, or other  1226
legal representative to receive the moneys or properties of the  1227
nonresident ward, that the security given by the foreign  1228
guardian, administrator, or other legal representative is  1229
sufficient to protect the ward's interest or estate, and that  1230
the court considers it best for the ward or the ward's estate.  1231
       Sec. 2111.39. When a foreign legal representative of a  1232
nonresident wardminor or incompetent adult applies to have all  1233
or any of the moneys or property in the possession or under the  1234
control of the resident guardian of the ward nonresident minor  1235
or incompetent adult paid or delivered to the foreign  1236
representative, the foreign representative shall file a petition  1237
or motion in the probate court by which the resident guardian  1238
was appointed. The resident guardian shall be given thirty days'  1239
notice of the time of hearing on the petition or motion, and the  1240
foreign representative shall produce an exemplification under  1241
the seal of the office, if there is a seal, of the proper court  1242
of the state of the foreign representative's residence  1243
containing all the entries on record in relation to the foreign  1244
representative's appointment and qualification, authenticated as  1245
required by the act of congress in those cases. Upon the  1246
hearing, the court shall make an order that it considers for the  1247
best interests of the nonresident wardminor or the nonresident  1248
ward's estateincompetent adult.  1249
       Sec. 2111.44. ApplicationsProceedings for the sale of real  1250
property by resident guardians of wards who live out of this  1251
state nonresident minors or incompetent adults shall be made in  1252
the county in which the land is situated. If the real property  1253
is situated in two or more counties, the application proceedings  1254
shall be made commenced in one of the counties in which a part  1255
of it is situated. Additional security that bond may be approved  1256
H. B. No. 491  Page 44
As Introduced
ordered by the probate court of the county in which the  1257
application is made shall be required from the guardian  1258
proceedings are commenced if considered necessary and in the  1259
nonresident minor's or incompetent adult's best interest.  1260
       Sec. 2111.46. When a guardian has been appointed for a  1261
minor before the minor is over fourteen twelve years of age, the  1262
guardian's power shall continue until the ward arrives at the  1263
age of majority, unless removed for good cause or unless the  1264
ward selects another suitable guardian. After the selection is  1265
made and approved by the probate court and the person selected  1266
is appointed and qualified, the powers of the former guardian  1267
shall cease. The former guardian's final account as guardian  1268
shall then be filed and settled in court.  1269
       Upon the termination of a guardianship of the person,  1270
estate, or both of a minor before the minor reaches eighteen  1271
years of age, if a successor guardian is not appointed and if  1272
the court finds that the minor is without proper care, the court  1273
shall certify a copy of its finding together with as much of the  1274
record and any further information that the court considers  1275
necessary, or as the juvenile court may request, to the juvenile  1276
court for further proceedings. Upon that certification, the  1277
juvenile court shall have exclusive jurisdiction respecting the  1278
minor.  1279
       Sec. 2111.47. (A) Except as provided in this division, for  1280
any guardianship of an incompetent adult, upon written request  1281
by the ward, the ward's attorney, or any interested party made  1282
at any time after the original appointment of the guardian, a  1283
hearing shall be held in accordance with section 2111.02 of the  1284
Revised Code to evaluate the continued necessity of the  1285
guardianship. Upon written request by the ward, the ward's  1286
H. B. No. 491  Page 45
As Introduced
attorney, or any interested party, the court shall conduct a  1287
minimum of one hearing under this division in the calendar year  1288
in which the guardian was appointed, and upon such written  1289
request, shall conduct a minimum of one hearing in each of the  1290
following calendar years. On its own motion or upon written  1291
request by the ward, the ward's attorney, or any interested  1292
party, the court may, in its discretion, conduct a hearing  1293
within the first one hundred twenty days after appointment of  1294
the guardian or conduct more than one hearing in a calendar  1295
year.  1296
        (B) If the ward alleges competence, the burden of proving  1297
incompetence shall be upon the guardian, by clear and convincing  1298
evidence. The statement of expert evaluation filed with the  1299
application for appointment of the guardian or the most recent  1300
statement of expert evaluation filed with the guardian's annual  1301
or biennial report, or both statements, may satisfy the  1302
guardian's burden of proof unless contradicted by medical  1303
evidence or a statement from a licensed physician, licensed  1304
clinical psychologist, licensed independent social worker,  1305
licensed professional clinical counselor, clinical nurse  1306
specialist, certified nurse practitioner, physician assistant,  1307
or developmental disabilities team member, submitted by the  1308
ward.  1309
        (C) Upon reasonable notice to the guardian, to the ward,  1310
and to the person on whose application the appointment was made,  1311
and upon satisfactory proof that the necessity for the  1312
guardianship no longer exists or that the letters of appointment  1313
were improperly issued, the probate court shall order that the  1314
guardianship of an incompetent adult terminate and shall make an  1315
appropriate entry upon the journal. Thereupon Upon such entry,  1316
the guardianship shall cease, the accounts of the guardian shall  1317
H. B. No. 491  Page 46
As Introduced
be settled by the court, and the ward shall be restored to the  1318
full control of the ward's property as before the appointment.  1319
Such The entry terminating the guardianship of an incompetent  1320
person adult shall have the same effect as a determination by  1321
the court that such person is competent.  1322
        Sec. 2111.49. (A)(1) Subject to division (A)(3) of this  1323
section, the guardian of an incompetent person adult shall file  1324
a guardian's report with the court two years after the date of  1325
the issuance of the guardian's letters of appointment and  1326
biennially after that time, or at any other time upon the motion  1327
or a rule of the probate court. The report shall be in a form  1328
prescribed by the court and shall include all of the following.  1329
        (a) The present address of the place of residence of the  1330
ward;  1331
        (b) The present address of the guardian;  1332
        (c) If the place of residence of the ward is not the  1333
ward's personal home, the name of the facility at which the ward  1334
resides and the name of the person responsible for the ward's  1335
care;  1336
        (d) The approximate number of times during the period  1337
covered by the report that the guardian has had contact with the  1338
ward, the nature of those contacts, and the date that the ward  1339
was last seen by the guardian;  1340
        (e) Any major changes in the physical or mental condition  1341
of the ward observed by the guardian;  1342
        (f) The opinion of the guardian as to the necessity for  1343
the continuation of the guardianship;  1344
        (g) The opinion of the guardian as to the adequacy of the  1345
H. B. No. 491  Page 47
As Introduced
present care of the ward;  1346
       (h) The date that the ward was last examined or otherwise  1347
seen by a physician, clinical nurse specialist, or certified  1348
nurse practitioner and the purpose of that visit;  1349
       (i) A statement by a licensed physician, licensed clinical  1350
nurse specialist, licensed certified nurse practitioner,  1351
licensed physician assistant, licensed clinical psychologist,  1352
licensed independent social worker, licensed professional  1353
clinical counselor, or developmental disability team that  1354
member, or other qualified person who has evaluated or examined  1355
the ward within three months prior to the date of the report as  1356
to the need for continuing the guardianship. The court may waive  1357
the requirement of filing further biennial statements of expert  1358
evaluation if, in the opinion of the qualified evaluator, it is  1359
reasonably certain that the ward's condition will not improve  1360
and that the necessity for guardianship will continue to exist.  1361
       (2) The court shall review a report filed pursuant to  1362
division (A)(1) of this section to determine if a continued  1363
necessity for the guardianship exists. The court may direct a  1364
probate court investigator to verify aspects of the report.  1365
       (3) Division (A)(1) of this section applies to guardians  1366
appointed prior to, as well as on or after, the effective date  1367
of this sectionOctober 12, 2016. A guardian appointed prior to  1368
that date shall file the first report in accordance with any  1369
applicable court rule or motion, or, in the absence of such a  1370
rule or motion, upon the next occurring date on which a report  1371
would have been due if division (A)(1) of this section had been  1372
in effect on the date of appointment as guardian, and shall file  1373
all subsequently due reports biennially after that time.  1374
H. B. No. 491  Page 48
As Introduced
       (B) If, upon review of any report required by division (A)  1375
(1) of this section, the court finds that it is necessary to  1376
intervene in a guardianship, the court shall take any action  1377
that it determines is necessary, including, but not limited to,  1378
terminating or modifying the guardianship.  1379
       (C) Except as provided in this division, for any  1380
guardianship, upon written request by the ward, the ward's  1381
attorney, or any other interested party made at any time after  1382
the expiration of one hundred twenty days from the date of the  1383
original appointment of the guardian, a hearing shall be held in  1384
accordance with section 2111.02 of the Revised Code to evaluate  1385
the continued necessity of the guardianship. Upon written  1386
request, the court shall conduct a minimum of one hearing under  1387
this division in the calendar year in which the guardian was  1388
appointed, and upon written request, shall conduct a minimum of  1389
one hearing in each of the following calendar years. Upon its  1390
own motion or upon written request, the court may, in its  1391
discretion, conduct a hearing within the first one hundred  1392
twenty days after appointment of the guardian or conduct more  1393
than one hearing in a calendar year. If the ward alleges  1394
competence, the burden of proving incompetence shall be upon the  1395
applicant for guardianship or the guardian, by clear and  1396
convincing evidence.  1397
       Sec. 2111.50. (A)(1) At all times, the probate court is  1398
the superior guardian of wards who are subject to its  1399
jurisdiction, and all guardians who are subject to the  1400
jurisdiction of the court shall obey all orders of the court  1401
that concern their wards or guardianships.  1402
       (2)(a) Subject to divisions (A)(2)(b) and (c) of this  1403
section, the control of a guardian over the person, the estate,  1404
H. B. No. 491  Page 49
As Introduced
or both of the guardian's ward is limited to the authority that  1405
is granted to the guardian by the Revised Code, relevant  1406
decisions of the courts of this state, and orders or rules of  1407
the probate court.  1408
       (b) Except for the powers specified in division (E) of  1409
this section and unless otherwise provided in or inconsistent  1410
with another section of the Revised Code, the probate court may  1411
confer upon a guardian any power that this section grants to the  1412
probate court in connection with wards. Nothing in this section  1413
is intended to create or imply a duty upon a guardian to apply  1414
for authority to exercise any power authorized in this section.  1415
No inference of impropriety or liability of the guardian or  1416
others associated with the guardian shall arise as a result of a  1417
guardian not applying for authority to exercise a power  1418
authorized in this section.  1419
       (c) For good cause shown, the probate court may limit or  1420
deny, by order or rule, any power that is granted to a guardian  1421
by a section of the Revised Code or relevant decisions of the  1422
courts of this state.  1423
       (B) In connection with any person whom the probate court  1424
has found to be an incompetent adult or a minor subject to  1425
guardianship and for whom the court has appointed a guardian,  1426
the court has, subject to divisions (C) to (E) of this section,  1427
all the powers that relate to the person and estate of the ward  1428
and that the ward could exercise if present and not a minor or  1429
under a disability, except the power to make or revoke a will.  1430
These powers include, but are not limited to, the power to do  1431
any of the following:  1432
       (1) Convey, release, or disclaim the present, contingent,  1433
or expectant interests in real or personal property of the ward,  1434
H. B. No. 491  Page 50
As Introduced
including, but not limited to, dower and any right of  1435
survivorship incident to a transfer on death designation,  1436
payable on death designation, survivorship tenancy, joint  1437
tenancy, or tenancy by the entireties;  1438
       (2) Exercise, release, or disclaim powers as a trustee,  1439
personal representative, custodian for a minor, guardian, or  1440
donee of a power of appointment;  1441
       (3) Subject to division (B)(4) of this section, enter into  1442
contracts that may not extend beyond the minority, disability,  1443
or life of the ward;  1444
       (4) Create, amend, or revoke revocable trusts of property  1445
of the estate of the ward that may extend beyond the minority,  1446
disability, or life of the ward;  1447
       (5) Exercise options to purchase securities or other  1448
property;  1449
       (6) Exercise rights to elect options under annuities and  1450
insurance policies, including changing beneficiaries of  1451
insurance policies, retirement plans, individual retirement  1452
accounts, and annuities, and to surrender an annuity or  1453
insurance policy for its cash value;  1454
       (7) Exercise the right to an elective share in the estate  1455
of the deceased spouse of the ward pursuant to Chapter 2106. of  1456
the Revised Code;  1457
       (8) Make gifts, in trust or otherwise, to relatives of the  1458
ward and, consistent with any prior pattern of the ward of  1459
giving to charities or of providing support for friends, to  1460
charities and friends of the ward.  1461
       (C) Except for the powers specified in division (D) of  1462
H. B. No. 491  Page 51
As Introduced
this section, all powers of the probate court that are specified  1463
in this chapter and that relate either to any person whom it has  1464
found to be an incompetent adult or a minor subject to  1465
guardianship and for whom it has appointed a guardian and all  1466
powers of a guardian that relate to the guardian's ward or  1467
guardianship as described in division (A)(2) of this section,  1468
shall be exercised in the best interest, as determined in the  1469
court's or guardian's judgment, of the following:  1470
        (1) The ward whom the probate court has found to be an  1471
incompetent adult or a minor subject to guardianship;  1472
        (2) The dependents of the ward;  1473
        (3) The members of the household of the ward.  1474
        (D) If the court is to exercise or direct the exercise,  1475
pursuant to division (B) of this section, of the power to make  1476
gifts in trust or otherwise, the following conditions shall  1477
apply:  1478
        (1) The exercise of the particular power shall not impair  1479
the financial ability of the estate of the ward whom the probate  1480
court has found to be an incompetent adult or a minor subject to  1481
guardianship and for whom the court has appointed a guardian, to  1482
provide for the ward's foreseeable needs for maintenance and  1483
care;  1484
        (2) If applicable, the court shall consider any of the  1485
following:  1486
        (a) The estate, income, and other tax advantages of the  1487
exercise of a particular power to the estate of a ward whom the  1488
probate court has found to be an incompetent adult or a minor  1489
subject to guardianship and for whom the court has appointed a  1490
guardian;  1491
H. B. No. 491  Page 52
As Introduced
       (b) Any pattern of giving of, or any pattern of support  1492
provided by, the ward prior to the ward's incompetence;  1493
       (c) The disposition of property made by the ward's will or  1494
revocable trust;  1495
       (d) If there is no knowledge of a will or revocable trust  1496
of the ward, the ward's prospective heirs;  1497
       (e) Any relevant and trustworthy statements of the ward,  1498
whether established by hearsay or other evidence.  1499
       (E)(1) The probate court shall cause notice as described  1500
in division (E)(2) of this section to be given and a hearing to  1501
be conducted prior to its exercise or direction of the exercise  1502
of any of the following powers pursuant to division (B) of this  1503
section:  1504
       (a) The exercise, release, or disclaimer of powers as a  1505
donee of a power of appointment;  1506
       (b) Unless If the amount of the gift is no more than one  1507
thousand dollars, the making of a gift, in trust or otherwise;  1508
       (c) The power to create, amend, or revoke a revocable  1509
trust as described in division (B)(4) of this section;  1510
       (d) The power to exercise rights to elect options under  1511
annuities and insurance policies, including changing  1512
beneficiaries of insurance policies, retirement plans,  1513
individual retirement accounts, and annuities, and to surrender  1514
an annuity or insurance policy for its cash value, as described  1515
in division (B)(6) of this section.  1516
       (2) The notice required by division (E)(1) of this section  1517
shall be given to the following persons:  1518
H. B. No. 491  Page 53
As Introduced
       (a) Unless a guardian of a ward has applied for the  1519
exercise of a power specified in division (E)(1) of this  1520
section, to the guardian;  1521
       (b) To the ward whom the probate court has found to be an  1522
incompetent adult or a minor subject to guardianship;  1523
       (c) If known, to a guardian who applied for the exercise  1524
of a power specified in division (E)(1) of this section, to the  1525
prospective heirs of the ward whom the probate court has found  1526
to be an incompetent adult or a minor subject to guardianship  1527
under section 2105.06 of the Revised Code, to the beneficiaries  1528
under the last known will of the ward or under an existing  1529
revocable trust of the ward, and to any person who has a legal  1530
interest in property that may be divested or limited as the  1531
result of the exercise of a power specified in division (E)(1)  1532
of this section;  1533
       (d) To all of the following as applicable:  1534
       (i) The heirs at law and next of kin of the ward;  1535
       (ii) The beneficiaries under an existing will or revocable  1536
trust of the ward;  1537
       (iii) The beneficiaries of any insurance policies,  1538
retirement plans, individual retirement accounts, and annuities  1539
owned by the ward;  1540
       (iv) The beneficiaries under any proposed revocable trust  1541
and the proposed beneficiaries under any changes in the  1542
designation of beneficiaries of any insurance policies,  1543
retirement plans, individual retirement accounts, or annuities  1544
as described in division (E)(2)(d)(iii) of this section.  1545
       (e) To any other persons the court orders.  1546
H. B. No. 491  Page 54
As Introduced
       (F) When considering any question related to, and issuing  1547
orders for, medical or surgical care or treatment of  1548
incompetents or minors or incompetent adults subject to  1549
guardianship, the probate court has full parens patriae powers  1550
unless otherwise provided by a section of the Revised Code.  1551
       Sec. 2112.01. As used in this chapter:  1552
       (A) "Adult" means an individual who is eighteen years of  1553
age or older.  1554
       (B) "Guardian" has the same meaning as in section 2111.01  1555
of the Revised Code.  1556
       (C) "Guardian of the person" means a person appointed by  1557
the court to make decisions regarding the support, care,  1558
education, health, and welfare of a ward. "Guardian of the  1559
person" does not include a guardian ad litem.  1560
       (D) "Guardian of the estate" means a person appointed by  1561
the court to administer the estate of a ward.  1562
       (E) "Ward" means any adult who has been adjudicated an  1563
incompetent adult and for whom a guardian is acting or for whom  1564
the probate court is acting pursuant to section 2111.50 of the  1565
Revised Code.  1566
       (F) "Emergency" means a circumstance that makes it  1567
reasonably certain that immediate action is required to prevent  1568
significant injury to a respondent's health, safety, welfare, or  1569
property and for which the appointment of a guardian or issuance  1570
of a protective order is necessary because no other person has  1571
authority and is willing to act on the respondent's behalf.  1572
       (G) "Guardianship order" means an order appointing a  1573
guardian.  1574
H. B. No. 491  Page 55
As Introduced
       (H) "Guardianship proceeding" means a judicial proceeding  1575
in which an order for the appointment of a guardian is sought or  1576
has been issued.  1577
       (I) "Home state" means the state in which the respondent  1578
was physically present, including any period of temporary  1579
absence, for at least six consecutive months immediately before  1580
the filing of an application for appointment of a guardian or  1581
the issuance of a protective order or, if none, the state in  1582
which the respondent was physically present, including any  1583
period of temporary absence, for at least six consecutive months  1584
ending within the six months prior to the filing of the  1585
application.  1586
       (J) "Party" means the respondent, applicant, guardian, or  1587
other person allowed by the court to participate in a  1588
guardianship or protective proceeding.  1589
       (K) "Person," except in the terms guardian of the person  1590
and protected person, means an individual, parent, corporation,  1591
business trust, estate, trust, partnership, limited liability  1592
company, association, joint venture, government, governmental  1593
agency or instrumentality, public corporation, or other legal or  1594
commercial entity.  1595
       (L) "Protected person" means an adult for whom a  1596
protective order has been issued.  1597
       (M) "Protective order" means an order appointing a  1598
guardian or other order under division (B)(3)(B)(4) of section  1599
2111.02 of the Revised Code related to the management of an  1600
adult's person, property, or both or an order under section  1601
2111.022 of the Revised Code related to the management of an  1602
individual's property.  1603
H. B. No. 491  Page 56
As Introduced
       (N) "Protective proceeding" means a judicial proceeding in  1604
which a protective order is sought or has been issued.  1605
       (O) "Record" means information that is inscribed on a  1606
tangible medium or that is stored in an electronic or other  1607
medium and is retrievable in perceivable form.  1608
       (P) "Respondent" means an adult for whom a protective  1609
order or the appointment of a guardian is sought.  1610
       (Q) "Significant-connection state" means a state, other  1611
than the home state, with which a respondent has a significant  1612
connection other than mere physical presence and in which  1613
substantial evidence concerning the respondent is available.  1614
       (R) "Incompetent""Incompetent adult" has the same meaning  1615
as in section 2111.01 of the Revised Code.  1616
       (S) "State" means a state of the United States, the  1617
District of Columbia, Puerto Rico, the United States Virgin  1618
Islands, or any territory or insular possession subject to the  1619
jurisdiction of the United States. "State" includes an Indian  1620
tribe or band that is recognized by federal law or formally  1621
acknowledged by a state.  1622
       Sec. 2746.06. In addition to any applicable fees or costs  1623
set forth in sections 2746.01, 2746.02, and 2746.04 of the  1624
Revised Code or any other applicable provision of law, and  1625
subject to any waiver of fees for combat zone casualties under  1626
section 2101.164 of the Revised Code and any reduction of fees  1627
under section 2101.20 of the Revised Code, a probate court shall  1628
tax as costs or otherwise require the payment of fees for the  1629
following services rendered or as compensation for the following  1630
persons or any other of the following fees that are applicable  1631
in a particular case:  1632
H. B. No. 491  Page 57
As Introduced
       (A) The fees provided for in sections 2101.16, 2101.17,  1633
2101.18, and 2101.32 of the Revised Code;  1634
       (B) Additional fees to computerize the court, make  1635
available computerized legal research services, and computerize  1636
the office of the clerk of the court, as provided in section  1637
2101.162 of the Revised Code;  1638
       (C) In a proceeding upon the assignment of property in  1639
trust for the benefit of creditors, the fees provided for in  1640
section 1313.52 of the Revised Code;  1641
       (D) The fees allowable to a special master commissioner  1642
under section 2101.07 of the Revised Code;  1643
       (E) In a proceeding filed pursuant to dispute resolution  1644
procedures established by rule of the probate judge, a filing  1645
fee, as provided in section 2101.163 of the Revised Code;  1646
       (F) Costs incident to the appointment of a fiduciary, as  1647
provided in section 2101.21 of the Revised Code;  1648
       (G) A fee for solemnizing a marriage, as provided in  1649
section 2101.27 of the Revised Code;  1650
       (H) The additional marriage license fee provided for in  1651
section 3113.34 of the Revised Code;  1652
       (I) The fee for deposit of a will provided for in section  1653
2107.07 of the Revised Code;  1654
       (J) In a proceeding for the appointment of a guardian for  1655
an alleged incompetent adult, physicians and other qualified  1656
persons to examine, investigate, or represent evaluate the  1657
alleged incompetent adult, as provided in section 2111.031 of  1658
the Revised Code;  1659
H. B. No. 491  Page 58
As Introduced
       (K) In an action to obtain authority to sell real estate,  1660
the fees for failure to enter a release and satisfaction  1661
provided for in section 2127.19 of the Revised Code;  1662
       (L) In a proceeding in aid of execution, the fees provided  1663
for in section 2333.26 and 2333.27 of the Revised Code.  1664
       Section 2. That existing sections 2109.21, 2111.01,  1665
2111.011, 2111.02, 2111.021, 2111.022, 2111.03, 2111.031,  1666
2111.04, 2111.041, 2111.05, 2111.06, 2111.08, 2111.091, 2111.12,  1667
2111.13, 2111.131, 2111.18, 2111.181, 2111.19, 2111.20, 2111.23,  1668
2111.26, 2111.33, 2111.37, 2111.38, 2111.39, 2111.44, 2111.46,  1669
2111.47, 2111.49, 2111.50, 2112.01, and 2746.06 of the Revised  1670
Code are hereby repealed.  1671
       Section 3. That sections 2111.07, 2111.15, 2111.34,  1672
2111.35, 2111.36, and 2111.45 of the Revised Code are hereby  1673
repealed.  1674
       Section 4. The General Assembly, applying the principle  1675
stated in division (B) of section 1.52 of the Revised Code that  1676
amendments are to be harmonized if reasonably capable of  1677
simultaneous operation, finds that the following sections,  1678
presented in this act as composites of the sections as amended  1679
by the acts indicated, are the resulting versions of the  1680
sections in effect prior to the effective date of the sections  1681
as presented in this act:  1682
       Section 2109.21 of the Revised Code as amended by both  1683
S.B. 117 and S.B. 124 of the 129th General Assembly.  1684
       Section 2111.12 of the Revised Code as amended by both  1685
S.B. 117 and S.B. 124 of the 129th General Assembly.  1686