Effective: March 22, 2012
Latest Legislation: Senate Bill 124, Senate Bill 117 - 129th General Assembly
(A) A minor over the age of fourteen years may select a guardian who shall be appointed if a suitable person. If a minor over the age of fourteen years fails to select a suitable person, an appointment may be made without reference to the minor's wishes. The minor shall not select one person to be the guardian of the minor's estate only and another to be the guardian of the person only, unless the court that appoints the guardian is of the opinion that the interests of that minor will be promoted by that selection.
(B) A surviving parent by a will in writing may appoint a guardian for any of the surviving parent's children, whether born at the time of making the will or afterward, to continue during the minority of the child or for a less time.
When the father or mother of a minor names a person as guardian of the estate of that minor in a will, the person named shall have preference in appointment over the person selected by the minor. A person named in that will as guardian of the person of that minor shall have no preference in appointment over the person selected by the minor, but in that event the probate court may appoint the person named in the will, the person selected by the minor, or some other person.
Whenever a testamentary guardian is appointed, the testamentary guardian's duties, powers, and liabilities in all other respects shall be governed by the law regulating guardians not appointed by will.
(C) A parent pursuant to a durable power of attorney under section 1337.24 or a writing as described in division (A) of section 2111.121 of the Revised Code may nominate a person to be a guardian for one or more of the parent's minor children, whether born at the time of the making of the nomination or afterward.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2111 | Guardians; Conservatorships
Section 2111.01 | Guardian and Conservatorship Definitions.
Section 2111.011 | Guardianship Guide.
Section 2111.021 | Physically Infirm Adult May Petition for Conservatorship.
Section 2111.022 | Emergency Order to Freeze Assets of Missing Person.
Section 2111.03 | Application for Appointment as Guardian.
Section 2111.031 | Appointing Physicians and Other Persons to Determine Need for Guardianship.
Section 2111.04 | Notice of Appointment.
Section 2111.041 | Investigating Circumstances of Alleged Incompetent.
Section 2111.042 | Investigating and Report Regarding Guardianship of Minor.
Section 2111.05 | Termination of Guardianship Based on Value of Ward's Estate.
Section 2111.06 | Guardian of the Person.
Section 2111.07 | Powers of Guardian of Person and Estate.
Section 2111.08 | Parents Are Natural Guardians.
Section 2111.09 | Administrator or Executor Ineligible to Be Appointed Guardian.
Section 2111.091 | Restrictions on Attorney Representing Guardian.
Section 2111.10 | Corporation as Guardian.
Section 2111.11 | Spouse May Be Appointed Guardian.
Section 2111.12 | Guardian of Minor.
Section 2111.121 | Nomination of Guardian.
Section 2111.13 | Duties of Guardian of Person.
Section 2111.131 | Court Order for Payments of No More Than $5,000 Due to Minor.
Section 2111.14 | Duties of Guardian of Estate.
Section 2111.141 | Inventory to Be Supported by Evidence.
Section 2111.15 | Duties of Guardian of Person and Estate.
Section 2111.151 | Liability of Guardian or Conservator as to Contracts and Debts.
Section 2111.16 | Certain Vouchers Not Allowed as Credits.
Section 2111.17 | Suits by Guardians.
Section 2111.18 | Claim for Injury to Ward or Damage to Property - Settlement.
Section 2111.181 | Settlement of Claim of Emancipated Minor.
Section 2111.182 | Order for Portion of Funds to Minor Be Deposited in Trust.
Section 2111.19 | Completion of Real Property Contracts.
Section 2111.20 | Sale of Personal Estate.
Section 2111.21 | Sale, Compromise, Adjustment, or Mortgage of Dower.
Section 2111.22 | Release of Ward's Tax Title by Guardian.
Section 2111.23 | Guardian Ad Litem.
Section 2111.24 | Insolvency of Ward.
Section 2111.25 | Lease for Not More Than Three Years.
Section 2111.26 | Lease for Term of Years.
Section 2111.29 | Parties and Proceedings.
Section 2111.30 | Duties of Appraisers.
Section 2111.31 | Hearing and Order.
Section 2111.33 | Guardian May Improve Real Property - Petition.
Section 2111.34 | Proceedings.
Section 2111.35 | Amount to Be Used for Improvement.
Section 2111.36 | Guardian's Report.
Section 2111.37 | Guardian for Nonresident.
Section 2111.38 | Bond and Duties.
Section 2111.39 | Foreign Guardian May Collect Money.
Section 2111.40 | When Nonresident Ward Becomes a Resident.
Section 2111.42 | Foreign Guardians May Receive Property.
Section 2111.43 | Foreign Wards and Guardians.
Section 2111.44 | Sale of Real Property of Foreign Wards.
Section 2111.45 | Marriage of Ward.
Section 2111.46 | Guardianship of Minors.
Section 2111.47 | Wards Other Than Minors.
Section 2111.471 | Transfer of Court Having Jurisdiction.
Section 2111.48 | Certain Acts Validated.
Section 2111.49 | Report of Guardian of Incompetent.
Section 2111.50 | Probate Court Is Superior Guardian of Wards.