Make changes to Guardianship Law

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 491

2025-2026

Representatives Ray, Baker

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

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

to
make changes to Guardianship Law.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b)
The nonresident is selected by a minor over the age of
fourteen

twelve

years
as provided by section 2111.12 of the Revised Code.

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

(2)
A guardian of the estate, other than a guardian named in a will by a
parent of a minor, selected by a minor over the age of
fourteen

twelve

years,
or nominated in or pursuant to a durable power of attorney or writing
described in division (C)(1)(c) of this section, may be removed on
proof that the guardian of the estate is no longer a resident of this
state.

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

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

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

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

Sec.
2111.01.
As
used in Chapters 2101. to 2131. of the Revised Code:

(A)
"Guardian," other than a guardian under sections 5905.01 to
5905.19 of the Revised Code, means any person, association, or
corporation appointed by the probate court to have the care and
management of the person, the estate, or both of
a
minor or
an
incompetent
or
minor
adult
.
When applicable, "guardian" includes, but is not limited
to, a limited guardian, an interim guardian, a standby guardian, and
an emergency guardian appointed pursuant to division (B) of section
2111.02 of the Revised Code. "Guardian" also includes an
agency under contract with the department of developmental
disabilities for the provision of protective service under sections
5123.55 to 5123.59 of the Revised Code when appointed by the probate
court to have the care and management of the person of an incompetent

adult
.

(B)
"Ward" means any
person

minor
or incompetent adult
for
whom a guardian is acting or for whom the probate court is acting
pursuant to section 2111.50 of the Revised Code.

(C)
"Resident guardian" means a guardian appointed by a probate
court to have the care and management of property in this state that
belongs to a nonresident ward.

(D)

"Incompetent"
"Incompetent
adult" or "incompetent"

means either of the following:

(1)
Any
person

adult

who
is so mentally impaired, as a result of a mental or physical illness
or disability, as a result of intellectual disability, or as a result
of chronic substance abuse, that the person is incapable of taking
proper care of the person's self or property or fails to provide for
the person's family or other persons for whom the person is charged
by law to provide;

(2)
Any
person

adult

confined
to a correctional institution within this state.

(E)
"Next of kin" means any person who would be entitled to
inherit from a ward under Chapter 2105. of the Revised Code if the
ward dies intestate.

(F)
"Conservator" means a conservator appointed by the probate
court in an order of conservatorship issued pursuant to section
2111.021 of the Revised Code.

(G)
"Parent" means a natural parent or adoptive parent of a
minor child whose parental rights and responsibilities have not been
terminated by a
juvenile
court or another
court

of competent jurisdiction
.

(H)
"Financial harm" means impairment of an individual's
financial assets by
unlawfully

obtaining
or exerting control over the individual's real or personal property
in any of the following ways:

(1)
Without the consent of the individual or the person authorized to
give consent on the individual's behalf;

(2)
Beyond the scope of the express or implied consent of the individual
or the person authorized to give consent on the individual's behalf;

(3)
By deception;

(4)
By threat;

(5)
By intimidation;

(6)
By fraud;

(7)
By undue influence.

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

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

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

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

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

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

(1)
Upon the appointment of the guardian under section 2111.02 of the
Revised Code;

(2)
If the guardian was appointed prior to the effective date of this
section, upon the first filing by the guardian with the probate court
of either of the following, as applicable, after that effective date:

(a)
A guardian's account, other than a final account, that is required to
be filed under section 2109.302 of the Revised Code;

(b)
A guardian's report that is required to be filed under section
2111.49 of the Revised Code.

(B)(1)
If the attorney general subsequently prepares any updated version of
the guardianship guide, the updated guide shall include the rights of
a ward as stated in any relevant provision of the Revised Code that
is then current. The clerk of the probate court shall furnish the
most recent version of the guide to a guardian at either of the
following times, whichever is applicable:

(a)
Upon the appointment of the guardian under section 2111.02 of the
Revised Code after the most recent version of the guide is prepared;

(b)
If the guardian was appointed prior to the date of the most recent
version of the guide, upon the first filing by the guardian with the
probate court of either of the documents described in divisions
(A)(2)(a) and (b) of this section, as applicable, after that date.

(2)
In the alternative, the Ohio judicial conference may create, at their
cost, an alternative guardianship guide for use in all probate
courts. The alternative guardianship guide shall be distributed in
accordance with all provisions contained in this
act
section
.
The court shall furnish this alternative guardianship guide in
accordance with the provisions of this section.

(C)
The probate court shall establish a form for a guardian to sign
acknowledging that the guardian received a guardianship guide
pursuant to this section.

(D)
Upon receiving a guardianship guide, the guardian shall sign the form
specified in division (C) of this section. The signed form shall be
kept permanently in the guardianship file of the probate court.

Sec.
2111.02.
(A)
If found necessary, a probate court on its own motion or on
application by any interested party shall appoint, subject to
divisions (C) and (D) of this section and to section 2109.21 and
division (B) of section 2111.121 of the Revised Code, a guardian of
the person, the estate, or both, of a minor or incompetent

adult
,
provided the person for whom the guardian is to be appointed is a
resident of the county or has a legal settlement in the county. If
the person for whom the guardian is to be appointed is an adult, the
person must be a qualified respondent as described in section 2112.21
of the Revised Code and have the opportunity to have the assistance
of counsel in the proceeding for the appointment of that guardian. An
interested party includes, but is not limited to, a person nominated
in a durable power of attorney under
division
(E) of
section

1337.24

1337.12

of
the Revised Code or in a writing as described in division (A) of
section 2111.121 of the Revised Code.

Except
when the guardian of an incompetent

adult

is an agency under contract with the department of developmental
disabilities for the provision of protective services under sections
5123.55 to 5123.59 of the Revised Code,

or another agency or corporation appointed by the court,

the guardian of an incompetent

adult
,
by virtue of the appointment as guardian, shall be the guardian of
the minor children of the guardian's ward

upon the filing of a separate application under a new case number
,
unless the court appoints some other person as their guardian.

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

(B)(1)
If the probate court finds it to be in the best interest of
a
minor or
an
incompetent
or
minor
adult
,
it may appoint pursuant to divisions (A) and (C) of this section, on
its own motion or on application by an interested party, a limited
guardian with specific limited powers. The sections of the Revised
Code, rules, and procedures governing guardianships apply to a
limited guardian, except that the order of appointment and letters of
authority of a limited guardian shall state the reasons for, and
specify the limited powers of, the guardian. The court may appoint a
limited guardian for a definite or indefinite period.
An
incompetent or
A

minor

or
an incompetent adult
for
whom a limited guardian has been appointed retains all of the

incompetent's
or
minor's

or
incompetent adult's
rights
in all areas not affected by the court order appointing the limited
guardian.

(2)
If a guardian appointed pursuant to division (A) of this section is
temporarily or permanently removed or resigns, and if the welfare of
the ward requires immediate action, at any time after the removal or
resignation, the probate court may appoint, ex parte and with or
without notice to the ward or interested parties, an interim guardian
for a maximum period of fifteen days. If the court appoints the
interim guardian ex parte or without notice to the ward, the court,
at its first opportunity, shall enter upon its journal with
specificity the reason for acting ex parte or without notice, and, as
soon as possible, shall serve upon the ward a copy of the order
appointing the interim guardian. For good cause shown, after notice
to the ward and interested parties and after
a

hearing,
the court may extend an interim guardianship for a specified period,
but not to exceed
an
additional thirty days
two
subsequent thirty-day periods
.

(3)

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

(4)

If
a minor or incompetent

adult

has not been placed under a guardianship pursuant to division (A) of
this section and if an emergency exists and it is reasonably certain
that immediate action is required to prevent significant injury to
the person or estate of the minor or incompetent

adult
,
at any time after it receives notice of the emergency, the court, ex
parte, may issue any order that it considers necessary to prevent
injury to the person or estate of the minor or incompetent

adult
,
or may appoint an emergency guardian for a maximum period of
seventy-two hours. A written copy of any order issued by a court
under this division shall be served upon the
incompetent
or
minor

or
incompetent adult
as
soon as possible after its issuance. Failure to serve that order
after its issuance or prior to the taking of any action under its
authority does not invalidate the order or the actions taken. The
powers of an emergency guardian shall be specified in the letters of
appointment, and shall be limited to those powers that are necessary
to prevent injury to the person or estate of the minor or incompetent

adult
.
If the court acts ex parte or without notice to the minor or
incompetent

adult
,
the court, at its first opportunity, shall enter upon its journal a
record of the case and, with specificity, the reason for acting ex
parte or without notice. For good cause shown, after notice to the
minor or incompetent
adult

and
interested parties, and after
a

hearing,
the court may extend an emergency guardianship for a specified
period, but not to exceed an additional thirty days.

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

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

guardian,
including the filing of timely and accurate reports and accountings.

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

(3)
If the hearing concerns the appointment of a guardian or limited
guardian for an alleged incompetent

adult
,
the burden of proving incompetency shall be by clear and convincing
evidence.

(4)
Upon request of the applicant, the alleged incompetent

adult

for whom the appointment is sought or the alleged
incompetent's

incompetent
adult's
counsel,
or any interested party, a recording or record of the hearing shall
be made.

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

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

(7)
If the hearing concerns the appointment of a guardian or limited
guardian for an alleged incompetent

adult
,
the alleged incompetent

adult

has all of the following rights:

(a)
The right to be represented by independent counsel of the alleged

incompetent's

incompetent
adult's
choice;

(b)
The right to have a friend or family member of the alleged

incompetent's

incompetent
adult's
choice
present;

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

(d)
If the alleged incompetent

adult

is indigent, upon the alleged
incompetent's

incompetent
adult's
request:

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

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

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

(2)
A person nominated as a guardian of an incompetent adult child
pursuant to a durable power of attorney under

division (E) of

section
1337.24

1337.12
of the Revised Code
or
pursuant to section 2111.121 of the Revised Code shall have
preference in appointment over a person applying to be guardian if
the person nominated is competent, suitable, and willing to accept
the appointment, and if the incompetent adult child does not have a
spouse or an adult child and has not designated a guardian prior to
the court finding the adult child incompetent.

Sec.
2111.021.
A
competent adult
who
is physically infirm
may
petition the probate court of the county in which the petitioner
resides, to place, for a definite or indefinite period of time, the
petitioner's person, any or all of the petitioner's real or personal
property, or both under a conservatorship with the court. A
petitioner either may grant specific powers to the conservator or
court or may limit any powers granted by law to the conservator or
court, except that the petitioner may not limit the powers granted to
the court by this section and may not limit the requirement for bond
as determined by the court. The petition shall state whether the
person of the competent adult will be placed under the
conservatorship, shall state with particularity all real and personal
property that will be placed under the conservatorship, shall state
the powers granted and any limitation upon the powers of the
conservator or court, and shall state the name of a proposed suitable
conservator.

After
a hearing, if the court finds that the petition was voluntarily filed
and that the proposed conservator is suitable, the court shall issue
an order of conservatorship. Upon issuance of the order, all sections
of the Revised Code governing a guardianship of the person, the
estate, or both, whichever is involved, except those sections the
application of which specifically is limited by the petitioner, and
all rules and procedures governing a guardianship of the person, the
estate, or both, shall apply to the conservatorship, including, but
not limited to, applicable bond and accounting requirements.

A
conservatorship shall terminate upon a judicial determination of
incompetency, the death of the petitioner, the order of the probate
court, or the execution of a written termination notice by the
petitioner. A termination notice shall take effect upon execution by
the petitioner, and shall be filed with the court and served upon the
conservator. A termination notice executed by a petitioner relative
to a conservatorship of the estate and the termination of a
conservatorship of the estate based upon a termination notice are
void unless the termination notice is filed with the court within
fourteen days after its execution. Modification of the powers of a
conservator or the court may be made by the petitioner upon motion to
the court at any time during the conservatorship. Neither the
establishment of a conservatorship nor the filing of a petition for
conservatorship with the probate court shall be considered as
evidence of mental impairment under section 2111.01 of the Revised
Code.

Upon
motion to the probate court and a showing of good cause, the court
may make confidential, or remove from confidential status, any file,
record, petition, motion, account, or paper, except for an index,
docket, or journal, that pertains to a conservatorship and that is in
the possession of the court.

Sec.
2111.022.
(A)
A probate court, on its own motion or on application of an interested
party, may issue an emergency ex parte order freezing the financial
assets of an individual whom the court or applicant has reason to
believe is missing or has gone or been taken
to
another state
away

if
it is reasonably certain that immediate action is required to prevent
significant financial harm to the individual. The order may freeze
the individual's assets for a period not exceeding seventy-two hours.
If the individual is located, a written copy of the order shall be
served upon the individual as soon as possible after its issuance.
The court, at its first opportunity, shall enter upon its journal a
record of the case and, with specificity, the reason for the action.
For good cause shown, after notice to the individual and after a
hearing, the court may extend the emergency order for a specified
period of not more than thirty additional days.

(B)
The powers of the probate court under this section are in addition to
and not in derogation of any powers the court has under division

(B)(3)

(B)(4)

of
section 2111.02 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

(C)
The powers of the probate court under this section are in addition to
and not in derogation of any powers the court has under division
(B)(4) of section 2111.02 of the Revised Code.

Sec.
2111.03.
A
person applying for appointment as a guardian, including, but not
limited to, as a limited guardian, pursuant to section 2111.02 of the
Revised Code, shall file with the probate court an application that
contains a statement of the whole estate of the ward, its probable
value, and the probable annual rents of the ward's real property, and
that also contains the following:

(A)
A statement whether the applicant ever has been charged with or
convicted of any crime involving theft, physical violence, or sexual,
alcohol, or substance abuse, and, if the applicant has been so
charged or convicted, the date and place of each charge and each
conviction;

(B)
A statement whether a limited guardianship is sought and, if sought,
a specification of the limited powers that are requested and a
statement whether the limited guardianship is to be for a definite or
indefinite period;

(C)
In the case of an application for the appointment of a guardian of a
minor, all of the following:

(1)
Name, age, and residence of the minor;

(2)
Name and residence of each parent of the minor;

(3)
Name, degree of kinship, age, and address of next of kin of the
minor, if no parent is living or if a parent of the minor is absent,
under disability, or for other reason cannot be notified;

(4)

Name
and residence address of the person having custody of the minor
The
affidavit as set forth in section 3127.23 of the Revised Code;

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

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

adult
,
all of the following:

(1)
Name, age, and residence of the person for whom such appointment is
sought;

(2)
Facts upon which the application is based;

(3)
Name, degree of kinship, age, and address of the next of kin of the
alleged incompetent

adult;

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

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

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

The
court, on its own motion, shall proceed as provided in this chapter,
upon suggestion by the bureau of workers' compensation that any
person who has made application for or been awarded compensation or
death benefits as an employee or the dependent of a killed employee
is a minor or
an

incompetent

adult
.
In that case, no application need be filed and the bureau shall
furnish the court with the name and residence of such person and the
name, degree of kinship, age, and address of the father, mother, or
next of kin of such person insofar as known by the bureau.

Sec.
2111.031.
In
connection with an application for the appointment of a guardian for
an alleged incompetent

adult
,
the court may appoint physicians, clinical nurse specialists,
certified nurse practitioners, and other qualified persons
as
determined by the court,
to

examine,
investigate, or represent
evaluate

the
alleged incompetent

adult
,
to assist the court in deciding whether a guardianship is necessary.

The
court may determine that the evaluation of the alleged incompetent
adult may be accomplished by electronic means. If the alleged
incompetent adult has not been evaluated within fourteen days after
the court appoints physicians or other qualified persons, upon
application to the court and for good cause shown, the court may
order an appropriate emergency medical technician or law enforcement
personnel to transport the proposed ward for evaluation.

If
the person is determined to be an incompetent

adult

and a guardian is appointed for the person, the costs, fees, or
expenses incurred to so assist the court shall be charged either
against the estate of the person or against the applicant, unless the
court determines, for good cause shown, that the costs, fees, or
expenses are to be recovered from the county, in which case they
shall be charged against the county. If the person is not determined
to be an incompetent

adult

or a guardian is not appointed for the person, the costs, fees, or
expenses incurred to so assist the court shall be charged against the
applicant, unless the court determines, for good cause shown, that
the costs, fees, or expenses are to be recovered from the county, in
which case they shall be charged against the county.

A
court may require the applicant to make an advance deposit of an
amount that the court determines is necessary to defray the
anticipated costs of
examinations

evaluations

of
an alleged incompetent

adult

and to cover fees or expenses to be incurred to assist it in deciding
whether a guardianship is necessary.

This
section does not affect or apply to the duties of a probate court
investigator under sections 2111.04 and 2111.041 of the Revised Code.

Sec.
2111.04.
(A)
Except for an interim
,
successor,

or emergency guardian appointed under division (B)(2)

or
,

(3)
,
or (4)

of section 2111.02 of the Revised Code, no guardian of the person,
the estate, or both shall be appointed until at least seven days
after the probate court has caused written notice, setting forth the
time and place of the hearing, to be served as follows:

(1)
In the appointment of the guardian of a minor, notice shall be served
as follows:

(a)
Upon the minor, if over the age of
fourteen
twelve
,
by personal service;

(b)
Upon each parent of the minor whose name and address is known or with
reasonable diligence can be ascertained, provided the parent is free
from disability other than minority;

(c)
Upon the next of kin of the minor who are known to reside in this
state, if there is no living parent, the name and address of the
parent cannot be ascertained, or the parent is under disability other
than minority;

(d)
Upon the person having the custody of the minor.

(2)
In the appointment of the guardian of an incompetent

adult
,
notice shall be served as follows:

(a)(i)
Upon the person for whom appointment is sought by personal service,
by a probate court investigator, or in the manner provided in
division (A)(2)(a)(ii) of this section. The notice shall be in
boldface type and shall inform the alleged incompetent

adult
,
in boldface type, of the alleged
incompetent's

incompetent
adult's
rights
to be present at the hearing, to contest any application for the
appointment of a guardian for the alleged
incompetent's

incompetent
adult's
person,
estate, or both, and to be represented by an attorney and of all of
the rights set forth in division (C)(7) of section 2111.02 of the
Revised Code.

(ii)
If the person for whom appointment is sought is a resident of, or has
a legal settlement in, the county in which the court has
jurisdiction, but is absent from that county, the probate court may
designate, by order, a temporary probate court investigator, in lieu
of a regular probate court investigator appointed or designated under
section 2101.11 of the Revised Code, to make the personal service of
the notice described in division (A)(2)(a)(i) of this section upon
the person for whom appointment is sought.

(b)
Upon the next of kin of the person for whom appointment is sought who
are known to reside in this state.

(B)
After service of notice in accordance with division (A) of this
section and for good cause shown, the court may appoint a guardian
prior to the time limitation specified in that division.

(C)

Notice
may not be waived by the person for whom the appointment is sought
For
good cause shown, the requirement of notice under division (A) of
this section may be waived, except for the notice to the proposed
ward
.

(D)
From the service of notice until the hearing, no sale, gift,
conveyance, or encumbrance of the property of an alleged incompetent

adult

shall be valid as to persons having notice of the proceeding.

Sec.
2111.041.
(A)
At the time of the service of notice upon an alleged incompetent

adult
,
as required by division (A)(2)(a) of section 2111.04 of the Revised
Code, the court shall require a
regular

probate
court investigator appointed or designated under section 2101.11 of
the Revised Code or appoint a temporary probate court investigator to
investigate the circumstances of the alleged incompetent

adult
,
and, to the maximum extent feasible, to communicate to the alleged
incompetent

adult

in a language or method of communication that the alleged incompetent

adult

can understand, the alleged
incompetent's

incompetent
adult's
rights
as specified in that division, and subsequently to file with the
court a report that contains all of the following:

(1)
A statement indicating that the notice was served and describing the
extent to which the alleged
incompetent's

incompetent
adult's
rights
to be present at the hearing, to contest any application for the
appointment of a guardian for the alleged
incompetent's

incompetent
adult's
person,
estate, or both, and to be represented by an attorney were
communicated to the alleged incompetent

adult

in a language or method of communication understandable to the
alleged incompetent

adult
;

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

adult
;

(3)
A recommendation regarding the necessity for a guardianship or a less
restrictive alternative;

(4)
A recommendation regarding the necessity of appointing pursuant to
section 2111.031 of the Revised Code, an attorney to represent the
alleged incompetent

adult
.

(B)
The report that is required by division (A) of this section shall be
made a part of the record in the case and shall be considered by the
court prior to establishing any guardianship for the alleged
incompetent

adult
.

Sec.
2111.05.
(A)

When
the whole estate of a ward does not exceed twenty-five thousand
dollars in value, the guardian may apply to the probate court for an
order to terminate the guardianship

of the estate
.
Upon proof that it would be for the best interest of the ward to
terminate the guardianship, the court may order the guardianship
terminated
,
and direct the guardian, if
.

(1)
If
the
ward is a minor,
the
court may direct the guardian
to
deposit the assets of the guardianship in a depository authorized to
receive fiduciary funds, payable to the
ward
when the ward attains
minor
upon attaining the age of
majority
,
or the court may authorize the delivery of the assets to the natural
guardian of the minor, to the person by whom the minor is maintained,
to the executive director of children services in the county, or to
the minor's own self
.

A
receipt verifying the deposit of assets shall be submitted to the
court. Release of any funds held in a depository for the benefit of
the minor shall be by court order, including the release of funds to
the minor upon attaining the age of majority. In the alternative and
for good cause shown, the court may direct the guardian to deliver
the assets to a suitable person. The person receiving the assets
shall hold and dispose of them in the manner the court directs.

(2)

If
the ward is an incompetent

adult
,
and the court orders the guardianship terminated, the court may
authorize the deposit of the assets of the guardianship in a
depository authorized to receive fiduciary funds in the name of a
suitable person to be designated by the court
,
or if
.
A receipt verifying the deposit of assets shall be submitted to the
court. Release of any funds held in a depository for the benefit of
the incompetent adult shall be by court order. If
the
assets do not consist of money, the court may authorize delivery to a
suitable person to be designated by the court. The person receiving
the assets shall hold and dispose of them in the manner the court
directs.

(B)

If
the court refuses to grant the application to terminate the
guardianship, or if no such application is presented to the court,
the guardian only shall be required to render account upon the
termination of the guardianship, upon order of the probate court made

upon

on

its
own motion, or upon the order of the court made on the motion of a
person interested in the wards or their property, for good cause
shown, and set forth upon the journal of the court.

(C)

If
the estate
of
a minor
is
twenty-five thousand dollars or less

and the ward is a minor
,
the court, without the appointment of a guardian by the court, or

if a guardian is appointed by the court, without

the giving of bond, may authorize the deposit in a depository
authorized to receive fiduciary funds, payable to the guardian when
appointed, or to the
ward
when the ward attains
minor
upon attaining the age of
majority
,
or the court may authorize delivery to the natural guardian of the
minor, to the person by whom the minor is maintained, to the
executive director who is responsible for the administration of
children services in the county, or to the minor's own self
.

A receipt verifying the deposit of assets shall be submitted to the
court. Release of any funds held in a depository for the benefit of
the minor shall be by court order, including the release of the funds
to the minor upon attaining the age of majority. In the alternative
and for good cause shown, the court may authorize delivery of the
assets to a suitable person. The person receiving the assets shall
hold and dispose of them in the manner the court directs.

(D)

If
the whole estate of a person
over

eighteen
years of age

or older
,
who has been adjudged
an

incompetent

adult
,
does not exceed twenty-five thousand dollars in value, the court,
without the appointment of a guardian by the court or
if
a guardian is appointed by the court, without
the
giving of bond, may authorize the deposit of the estate
assets

in
a depository authorized to receive fiduciary funds in the name of a
suitable person to be designated by the court
,
or if
.
A receipt verifying the deposit of assets shall be submitted to the
court. Release of any funds held in a depository for the benefit of
the incompetent adult shall be by court order. If
the
assets do not consist of money, the court may authorize delivery to a
suitable person to be designated by the court. The person receiving
the assets shall hold and dispose of them in the manner the court
directs.

Sec.
2111.06.
(A)

If
the powers of the person appointed as guardian of a minor or
an

incompetent

adult

are not limited by the order of appointment, the person shall be
guardian both of the person and estate of the ward. In every
instance
,

the court shall appoint the same person as guardian of the person and
estate of the ward, unless in the opinion of the court the interests
of the ward will be promoted by the appointment of different persons
as guardians of the person and of the estate.

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

(C)

A
guardian of the person of a minor shall be appointed as to a minor
having no
father
or mother
living
parent
,
whose parents are unsuitable persons to have the custody of the minor

and
to provide for the education of the minor as required by section
3321.01 of the Revised Code
,
or whose interests, in the opinion of the court, will be promoted by
the appointment of a guardian.
A
guardian of the person shall have the custody and provide for the
maintenance of the ward, and if the ward is a minor, the guardian
shall also provide for the education of the ward as required by
section 3321.01 of the Revised Code.

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

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

(E)

Before
exercising its jurisdiction to appoint a guardian of a minor, the
court shall comply with the jurisdictional standards of sections
3127.01 to 3127.53 of the Revised Code.

Sec.
2111.08.
The
wife and husband are the joint natural guardians of their minor
children and are equally charged with their care, nurture, welfare,
and education and the care and management of their estates. The wife
and husband have equal powers, rights, and duties and neither parent
has any right paramount to the right of the other concerning the
parental rights and responsibilities for the care of the minor or the
right to be the residential parent and legal custodian of the minor,
the control of the services or the earnings of such minor, or any
other matter affecting the minor; provided that if either parent, to
the exclusion of the other, is maintaining and supporting the child,
that parent shall have the paramount right to control the services
and earnings of the child. Neither parent shall forcibly take a child
from the guardianship of the parent who is the residential parent and
legal custodian of the child.

If
the wife and husband live apart, the court may award the guardianship
of a minor to either parent, and the state in which the parent who is
the residential parent and legal custodian or who otherwise has the
lawful custody of the minor resides has jurisdiction to determine
questions concerning the minor's guardianship
Married
parents are the joint natural guardians of their minor children
.

Sec.
2111.091.
No
attorney who represents
any
other person and who is appointed as
a
guardian under this chapter or under any other provision of the
Revised Code shall do either of the following:

(A)
Act as a person with co-responsibility for any guardianship asset for
which the guardian is responsible;

(B)
Be a cosignatory on any financial account related to the
guardianship, including any checking account, savings account, or
other banking or trust account.

Sec.
2111.12.
(A)
A minor over the age of
fourteen

twelve

years
may select a guardian who shall be appointed if a suitable person. If
a minor over the age of
fourteen

twelve

years
fails to select a suitable person, an appointment may be made without
reference to the minor's wishes. The minor shall not select one
person to be the guardian of the minor's estate only and another to
be the guardian of the person only, unless the court that appoints
the guardian is of the opinion that the interests of that minor will
be promoted by that selection.

(B)
A surviving parent by a will in writing may
appoint

nominate

a
guardian for any of the surviving parent's children, whether born at
the time of making the will or afterward, to continue during the
minority of the child or for a less time.

When
the
father
or mother
parent

of
a minor
names

nominates

a
person as guardian of the estate of that minor in a will, the person

named

nominated

shall
have preference in appointment over the person selected by the minor.
A person
named

nominated

in
that will as guardian of the person of that minor shall have no
preference in appointment over the person selected by the minor, but
in that event the probate court may appoint the person named in the
will, the person selected by the minor, or some other person.

Whenever
a testamentary guardian is appointed, the testamentary guardian's
duties, powers, and liabilities in all other respects shall be
governed by the law regulating guardians not appointed by will.

(C)
A parent pursuant to a durable power of attorney under section
1337.24
of
the Revised Code
or
a writing as described in division (A) of section 2111.121 of the
Revised Code may nominate a person to be a guardian for one or more
of the parent's minor children, whether born at the time of the
making of the nomination or afterward.

Sec.
2111.13.
(A)
When a guardian is appointed to have the custody and maintenance of a
ward, and to have charge of the education of the ward if the ward is
a minor, the guardian's duties are as follows:

(1)
To
protect
and control the person
oversee
the physical placement, maintenance, and care
of
the ward;

(2)
To provide suitable maintenance for the ward when necessary, which
shall be paid out of the estate of such ward upon the order of the
guardian of the person;

(3)
To provide
such

the

maintenance
and education for such ward
as

that

the
amount of the ward's estate justifies when the ward is a minor and
has no
father
or mother
parent
,
or has a
father
or mother
parent

who
fails to maintain or educate the ward, which shall be paid out of
such ward's estate upon the order of the guardian of the person;

(4)
To obey all the orders and judgments of the probate court touching
the guardianship
;

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

(B)
Except as provided in section 2111.131 of the Revised Code, no part
of the ward's estate shall be used for the support, maintenance, or
education of such ward unless ordered and approved by the court.

(C)
A guardian of the person may authorize or approve the provision to
the ward of medical, health, or other professional care, counsel,
treatment, or services unless the ward or an interested party files
objections with the probate court, or the court, by rule or order,
provides otherwise.

(D)
Unless a person with the right of disposition for a ward under
section 2108.70 or 2108.81 of the Revised Code has made a decision
regarding whether or not consent to an autopsy or post-mortem
examination on the body of the deceased ward under section 2108.50 of
the Revised Code shall be given, a guardian of the person of a ward
who has died may consent to the autopsy or post-mortem examination.

(E)
If a deceased ward did not have a guardian of the estate, the estate
is not required to be administered by a probate court, and a person
with the right of disposition for a ward, as described in section
2108.70 or 2108.81 of the Revised Code, has not made a decision
regarding the disposition of the ward's body or remains, the guardian
of the person of the ward may authorize the burial or cremation of
the ward.

(F)
A guardian who gives consent or authorization as described in
divisions (D) and (E) of this section shall notify the probate court
as soon as possible after giving the consent or authorization.

Sec.
2111.131.
(A)
The probate court may enter an order that authorizes a person under a
duty to pay or deliver money or personal property to a minor who does
not have a guardian of the person and estate or a guardian of the
estate, to perform that duty in
amounts

an
amount
not
exceeding
five

twenty-five

thousand
dollars

annually
,
by paying or delivering the money or property to any of the
following:

(1)
The guardian of the person only of the minor;

(2)
The minor's natural guardians, if any, as determined pursuant to
section 2111.08 of the Revised Code;

(3)
The minor;

(4)
Any person who has the care and custody of the minor and with whom
the minor resides, other than a guardian of the person only or a
natural guardian;

(5)
A financial institution incident to a deposit in a federally insured
savings account in the sole name of the minor
;
.
A receipt verifying the deposit shall be submitted to the court.
Release of any funds held in a depository for the benefit of the
minor shall be upon court order, including the release of funds to
the minor upon attaining the age of majority.

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

(7)
A trust for the benefit of the minor pursuant to section 2111.182 of
the Revised Code
.

(B)
An order entered pursuant to division (A) of this section authorizes
the person or entity specified in it, to receive the money or
personal property on behalf of the minor from the person under the
duty to pay or deliver it, in
amounts

an
amount
not
exceeding
five

twenty-five

thousand
dollars

annually
.
Money or personal property so received by guardians of the person
only, natural guardians, and custodians as described in division
(A)(4) of this section may be used by them only for the support,
maintenance, or education of the minor involved. The order of the
court is prima-facie evidence that a guardian of the person only, a
natural guardian, or a custodian as described in division (A)(4) of
this section has the authority to use the money or personal property
received.

(C)
A person who pays or delivers moneys or personal property in
accordance with a court order entered pursuant to division (A) of
this section is not responsible for the proper application of the
moneys or property by the recipient.

Sec.
2111.18.
(A)

If
personal injury, damage to tangible or intangible property, or damage
or loss on account of personal injury or damage to tangible or
intangible property is caused to a ward by wrongful act, neglect, or
default that would entitle the ward to maintain an action and recover
damages for the injury, damage, or loss, and when any ward is
entitled to maintain an action for damages or any other relief based
on any claim or is subject to any claim to recover damages or any
other relief based on any claim, the guardian of the estate of the
ward may adjust and settle the claim with the advice, approval, and
consent of the probate court.

If
it is proposed that a claim be settled for the net amount of
twenty-five thousand dollars or less after payment of fees and
expenses as allowed by the court, the court, upon application by
a
guardian of the person of the ward, or
any
suitable person whom the court may authorize to receive and receipt
for the settlement, may authorize the settlement without the
appointment of a guardian
of
the estate of the ward
and
authorize the delivery of the moneys as provided in section 2111.05
of the Revised Code. The court may authorize the person receiving the
moneys to execute a complete release on account of the receipt. The
payment shall be a complete and final discharge of that claim. In the
settlement, if the ward is a minor, the parent or parents of the
minor may waive all claim for damages on account of loss of service
of the minor, and that claim may be included in the settlement. If
the claimant is a minor, records of proceedings pursuant to this
section are not subject to disclosure to any person who is not a
party to the settlement, or made available for publication or
inspection, except upon motion and show of good cause.

If the claimant is a minor, records of proceedings pursuant to this
section are not subject to disclosure to any person who is not a
party to the settlement, or made available for publication or
inspection, except upon motion and show of good cause.

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

Sec.
2111.181.
If
personal injury, damage to tangible or intangible property, or damage
or loss on account of personal injury or damage to tangible or
intangible property is caused to a minor who claims to be
emancipated, by wrongful act, neglect, or default that would entitle
the minor to maintain an action and recover damages for the injury,
damage, or loss, and if any minor who claims to be emancipated is
entitled to maintain an action for damages or any other relief based
on any claim, or is subject to any claim to recover damages or any
other relief based on any claim, the minor who claims to be
emancipated may file an application in the probate court in the
county where the minor then resides, praying for a finding by the
court that the minor is in fact emancipated

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

Upon

a

hearing
on the application, after five days' written notice of the time and
place of the hearing has been given to each of the living parents of
the minor, whose name and address is known, provided the parent is
free from disability other than minority, or, if there is no living
parent, after that notice to the next of kin of the minor known to
reside in the county, the court may find the minor to be emancipated,
may authorize, approve, and consent to the settlement of the claim by
the minor without the appointment of a guardian, may authorize the
minor to receive and receipt for the settlement, and, upon the minor
executing and delivering a full and complete release for the
injuries, damages, losses, or claims, may authorize the delivery and
payment of the moneys to the minor, to a trustee or guardian of the
estate of the minor appointed by the court for the benefit of the
minor, or to a depository authorized to receive fiduciary funds to
hold the moneys payable to the
ward

minor

when
the
ward

minor

attains

the
age of
majority,
or for the benefit of the minor, as the court may direct.

Upon
the finding of the probate court that the minor was, at the time of
the injury, damage, loss, or claim, an emancipated minor, and
provided the notice required by this section has been given to each
living parent, whose name and address is known, then the release
executed by the emancipated minor shall be a full and complete
discharge and release of any claim that either or both of the parents
might have by reason of the personal injury, damage to tangible or
intangible property, damage or loss on account of personal injury, or
damage to tangible or intangible property, or any other claim of the
minor.

Sec.
2111.19.
A
guardian, whether appointed by a court in this state or elsewhere,
may complete the contracts of the ward for the purchase or sale of
real property

or
.
An appointed successor guardian may complete
any
authorized contract relating to real property entered into by a
guardian who has died or been removed. The appointed
successor

guardian
shall proceed in the manner provided by sections 2113.48 to 2113.50
of the Revised Code.

Sec.
2111.20.
The
guardian of the person and estate, or of the estate only, may sell
all or any part of the personal property of the ward if the sale is
for the
best

interest
of the ward
,
with prior court approval
.

Sec.
2111.23.
Whenever
a ward, for whom a guardian of the estate or of the person and estate
has been appointed, is interested in any suit or proceeding in the
probate court, such guardian shall in all such suits or proceedings
act as guardian ad litem for such ward, except as to suits or
proceedings in which the guardian has an adverse interest.
In
a suit or proceeding in which the guardian has an adverse interest,
the court shall appoint a guardian ad litem to represent that ward.

Whenever
a minor or other person under legal disability, for whom no guardian
of the estate or of the person and estate has been appointed, is
interested in any suit or proceeding in such court, the court may
appoint a guardian or a guardian ad litem
.
In a suit or proceeding in which the guardian has an adverse
interest, the court shall appoint a guardian ad litem

to represent such minor or other person under legal disability.

Sec.
2111.26.
A
guardian may lease
the
possession and use of
to
others
the
real property of the
guardian's

ward
or any part of it for a term of years, renewable or otherwise, by
perpetual lease, with or without the privilege of purchase, or may
lease upon the terms and for the time that the probate court approves
any lands belonging to the ward containing coal, gypsum, petroleum
oil, natural gas, gravel, stone, or any other mineral substance for
the purpose of drilling, mining, or excavating for and removing any
of those substances, or the guardian may modify or change in any
respect any lease previously made.

The
lease, or modification or change in a lease previously made, may be
made when the guardian of the person and estate or of the estate only
applies to the court by which the guardian was appointed and the
court finds that the lease or modification or change is necessary for
the support of the ward or of the ward's family, for the payment of
the just debts of the ward, for the ward's education, if a minor, to
secure the improvement of the real property of the ward and increase
the rent, to pay any liens or claims against the real property, if
the court finds that the real property is suffering unavoidable
waste, or that in any other respect it will be for the best interests
of the ward or those persons for whom the ward is required by law to
provide.

Sec.
2111.33.
(A)

A

Upon
motion, a
guardian
may use the moneys and personal property of the guardian's ward to
improve the ward's real property. The guardian shall file in the
probate court in which the guardian was appointed a
petition

motion

containing
the following:

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

(2)

The

If
applicable, the
amount
of rent the premises yield at the time the
petition

motion

is
filed;

(3)
In what manner the improvement is proposed to be made;

(4)
The proposed expenditures for the improvement;

(5)
The rent the premises will probably yield when so improved
,
if any
;

(6)
A statement of the value of the ward's personal property;

(7)
Other facts that are pertinent to the question whether the
improvement should be made
;

(8)
A prayer that the guardian be authorized to use so much of the ward's
money and personal property that is necessary to make the
improvement;

(9)
The character of the disability of the ward, and if it is
incompetency, whether the disability is curable or not, temporary, or
confirmed, and its duration;

(10)
The names, ages, and residence of the family of the ward, including
the spouse and those known to be residents of the county who have the
next estate of inheritance from the ward. All of those persons, as
well as the ward, shall be made defendants and notified of the
pendency and prayer of the petition in the manner that the court
directs
.

(B)

If
the property is so situated that, to the best interests of the ward's
estate, it can be advantageously improved in connection with the
improvement of property adjacent to it, the petition shall show this
and have a prayer to so improve the property
The
court may appoint a guardian ad litem to report to the court the
guardian ad litem's opinion whether the improvement proposed will be
necessary, reasonable, and beneficial to the estate of the ward
.

Sec.
2111.37.
If
a nonresident minor
,

or

incompetent
,
or person confined in a state, charitable, or correctional
institution

adult
has
real property or rights, credits, moneys, or other personal property
in this state, the probate court of the county in which the property
or a part of it is situated may appoint a resident guardian of the
ward to manage, collect, lease, and take care of the ward's property.
The appointment may be made whether or not a ward has a guardian,
trustee, or other conservator in the state of the ward's residence,
and, if the ward has a guardian, trustee, or other conservator in the
state of the ward's residence, the control and authority of the
resident guardian appointed in this state shall be superior as to all
property of the ward in this state.

The
first appointment of a resident guardian of a nonresident ward shall
extend to all the property and effects of the ward in this state and
exclude the jurisdiction of the probate court of any other county.

Sec.
2111.38.
The
resident guardian of a nonresident ward shall give bond and be bound
and controlled by all the statutes of this state as though the
resident guardian were a guardian of a ward resident in this state,
and shall have all of the authority of a guardian of a resident ward
including the authority to lease or sell real property belonging to
the ward.

Unless
removed by the probate court, a resident guardian of a nonresident
minor shall hold that appointment until the minor dies or arrives at
the age of majority, whether or not the minor
is

was

over
fourteen years of age at the time of appointment

prior to the effective date of this section or whether or not the
minor is over twelve years of age at the time of appointment on or
after the effective date of this section
.
A resident guardian of any other nonresident ward shall hold that
appointment until the death of the ward or until the court is
satisfied that the necessity for the guardianship no longer exists.

All
moneys due to the nonresident ward while the resident guardianship
continues shall be paid over to the ward's foreign guardian
so
far as necessary or proper for the ward's support and maintenance
if
it is in the ward's best interest
.
If the ward dies, the moneys shall be paid to the ward's ancillary
administrator or other legal representative, provided that the court
that appointed the resident guardian has satisfactory proof, as
provided by section 2111.39 of the Revised Code, of the authority of
the foreign guardian, administrator, or other legal representative to
receive the moneys or properties of the nonresident ward, that the
security given by the foreign guardian, administrator, or other legal
representative is sufficient to protect the ward's interest or
estate, and that the court considers it best for the ward or the
ward's estate.

Sec.
2111.39.
When
a foreign legal representative of a nonresident
ward
minor
or incompetent adult

applies to have all or any of the moneys or property in the
possession or under the control of the resident guardian of the
ward

nonresident
minor or incompetent adult
paid
or delivered to the foreign representative, the foreign
representative shall file a petition or motion in the probate court
by which the resident guardian was appointed. The resident guardian
shall be given thirty days' notice of the time of hearing on the
petition or motion, and the foreign representative shall produce an
exemplification under the seal of the office, if there is a seal, of
the proper court of the state of the foreign representative's
residence containing all the entries on record in relation to the
foreign representative's appointment and qualification, authenticated
as required by the act of congress in those cases. Upon the hearing,
the court shall make an order that it considers for the best
interests of the nonresident
ward
minor

or
the
nonresident ward's estate
incompetent
adult
.

Sec.
2111.44.
Applications
Proceedings

for the sale of real property by
resident

guardians
of
wards
who live out of this state
nonresident
minors or incompetent adults
shall
be made in the county in which the land is situated. If the real
property is situated in two or more counties, the
application

proceedings

shall
be
made

commenced

in
one of the counties in which a part of it is situated. Additional

security
that
bond

may
be
approved

ordered

by
the
probate

court
of the county in which the
application
is made shall be required from the guardian
proceedings
are commenced
if
considered necessary

and in the nonresident minor's or incompetent adult's best interest
.

Sec.
2111.46.
When
a guardian has been appointed for a minor before the minor is over

fourteen

twelve

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

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

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

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

(C)

Upon
reasonable notice to the guardian, to the ward, and to the person on
whose application the appointment was made, and upon satisfactory
proof that the necessity for the guardianship no longer exists or
that the letters of appointment were improperly issued, the probate
court shall order that the guardianship of an incompetent

adult

terminate and shall make an appropriate entry upon the journal.

Thereupon

Upon
such entry,
the
guardianship shall cease, the accounts of the guardian shall be
settled by the court, and the ward shall be restored to the full
control of the ward's property as before the appointment.
Such

The

entry
terminating the guardianship of an incompetent
person

adult

shall
have the same effect as a determination by the court that such person
is competent.

Sec.
2111.49.
(A)(1)
Subject to division (A)(3) of this section, the guardian of an
incompetent
person

adult

shall
file a guardian's report with the court two years after the date of
the issuance of the guardian's letters of appointment and biennially
after that time, or at any other time upon the motion or a rule of
the probate court. The report shall be in a form prescribed by the
court and shall include all of the following.

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

(b)
The present address of the guardian;

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

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

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

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

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

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

(i)
A statement by a licensed physician, licensed clinical nurse
specialist, licensed certified nurse practitioner,
licensed
physician assistant,
licensed
clinical psychologist, licensed independent social worker, licensed
professional clinical counselor,
or

developmental
disability team
that

member,
or other qualified person who
has
evaluated or examined the ward within three months prior to the date
of the report as to the need for continuing the guardianship.

The court may waive the requirement of filing further biennial
statements of expert evaluation if, in the opinion of the qualified
evaluator, it is reasonably certain that the ward's condition will
not improve and that the necessity for guardianship will continue to
exist.

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

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

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

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

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

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

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

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

(B)
In connection with any person whom the probate court has found to be
an incompetent

adult

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

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

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

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

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

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

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

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

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

(C)
Except for the powers specified in division (D) of this section, all
powers of the probate court that are specified in this chapter and
that relate either to any person whom it has found to be an
incompetent

adult

or a minor subject to guardianship and for whom it has appointed a
guardian and all powers of a guardian that relate to the guardian's
ward or guardianship as described in division (A)(2) of this section,
shall be exercised in the best interest, as determined in the court's
or guardian's judgment, of the following:

(1)
The ward whom the probate court has found to be an incompetent

adult

or a minor subject to guardianship;

(2)
The dependents of the ward;

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

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

(1)
The exercise of the particular power shall not impair the financial
ability of the estate of the ward whom the probate court has found to
be an incompetent

adult

or a minor subject to guardianship and for whom the court has
appointed a guardian, to provide for the ward's foreseeable needs for
maintenance and care;

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

(a)
The estate, income, and other tax advantages of the exercise of a
particular power to the estate of a ward whom the probate court has
found to be an incompetent

adult

or a minor subject to guardianship and for whom the court has
appointed a guardian;

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

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

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

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

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

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

(b)

Unless

If

the
amount of the gift is
no

more
than one thousand dollars, the making of a gift, in trust or
otherwise;

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

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

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

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

(b)
To the ward whom the probate court has found to be an incompetent

adult

or a minor subject to guardianship;

(c)
If known, to a guardian who applied for the exercise of a power
specified in division (E)(1) of this section, to the prospective
heirs of the ward whom the probate court has found to be an
incompetent

adult

or a minor subject to guardianship under section 2105.06 of the
Revised Code, to the beneficiaries under the last known will of the
ward or under an existing revocable trust of the ward, and to any
person who has a legal interest in property that may be divested or
limited as the result of the exercise of a power specified in
division (E)(1) of this section;

(d)
To all of the following as applicable:

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

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

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

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

(e)
To any other persons the court orders.

(F)
When considering any question related to, and issuing orders for,
medical or surgical care or treatment of
incompetents
or
minors

or
incompetent adults
subject
to guardianship, the probate court has full parens patriae powers
unless otherwise provided by a section of the Revised Code.

Sec.
2112.01.
As
used in this chapter:

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

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

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

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

(E)
"Ward" means any adult who has been adjudicated

an

incompetent

adult

and for whom a guardian is acting or for whom the probate court is
acting pursuant to section 2111.50 of the Revised Code.

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

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

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

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

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

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

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

(M)
"Protective order" means an order appointing a guardian or
other order under division
(B)(3)
(B)(4)

of section 2111.02 of the Revised Code related to the management of
an adult's person, property, or both or an order under section
2111.022 of the Revised Code related to the management of an
individual's property.

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

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

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

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

(R)

"Incompetent"
"Incompetent
adult"

has the same meaning as in section 2111.01 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

(J)
In a proceeding for the appointment of a guardian for an alleged
incompetent

adult
,
physicians and other qualified persons to
examine,
investigate, or represent
evaluate

the
alleged incompetent

adult
,
as provided in section 2111.031 of the Revised Code;

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

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

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

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

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

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

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