Effective: March 22, 2013
Latest Legislation: House Bill 27 - 129th General Assembly
Except for an application for the appointment of a guardian in an emergency or issuance of a protective order in an emergency, if an application for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither application has been dismissed or withdrawn, the following rules apply:
(A) If the probate court in this state has jurisdiction under section 2112.21 of the Revised Code, the probate court may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 2112.21 of the Revised Code before the appointment or issuance of the order.
(B) If the probate court in this state does not have jurisdiction under section 2112.21 of the Revised Code, whether at the time the application is filed or at any time before the appointment or issuance of the order, the probate court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the probate court in this state shall dismiss the application unless the court in the other state determines that the probate court in this state is a more appropriate forum.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act
Section 2112.01 | Definitions.
Section 2112.011 | Short Title.
Section 2112.02 | International Application of Chapter.
Section 2112.03 | Communication Between Courts.
Section 2112.04 | Cooperation Between Courts.
Section 2112.05 | Taking Testimony in Another State.
Section 2112.21 | Jurisdiction.
Section 2112.22 | Special Jurisdiction.
Section 2112.23 | Exclusive and Continuing Jurisdiction.
Section 2112.24 | Appropriate Forum.
Section 2112.25 | Jurisdiction Declined by Reason of Conduct.
Section 2112.26 | Notice of Proceeding.
Section 2112.27 | Proceedings in More Than One State.
Section 2112.31 | Transfer of Guardianship or Conservatorship to Another State.
Section 2112.32 | Accepting Guardianship or Conservatorship Transferred From Another State.
Section 2112.41 | Registration of Guardianship Orders.