Sec. 1337.09. (A) Whenever a principal designates another
as | 11 |
attorney in fact by a power of attorney in writing and the
writing | 12 |
contains the words "This power of attorney shall not be
affected | 13 |
by disability of the principal," "this power of attorney
shall not | 14 |
be affected by disability of the principal or lapse of
time," or | 15 |
words of similar import, the authority of the attorney
in fact is | 16 |
exercisable by the attorney in fact as provided
in the written | 17 |
instrument notwithstanding the later disability, incapacity, or | 18 |
adjudged incompetency of the principal and, unless it states a | 19 |
time of termination, notwithstanding the lapse of time since the | 20 |
execution of the instrument. | 21 |
(B) Whenever a principal designates another the principal's | 22 |
attorney in fact by a power of attorney in writing and the writing | 23 |
expressly states that the power of attorney shall become
effective | 24 |
at a later time or upon the occurrence of a specified
event, | 25 |
including, but not limited to, the disability, incapacity,
or | 26 |
adjudged incompetency of the principal, the attorney in fact
may | 27 |
exercise the authority provided to the attorney in fact
in the | 28 |
written
instrument at the later time or upon the occurrence of the | 29 |
specified event notwithstanding the later disability, incapacity, | 30 |
or adjudged incompetency of the principal and, unless the | 31 |
instrument states a time of termination, notwithstanding the
lapse | 32 |
of time since its execution. | 33 |
(C) All acts done by an attorney in fact pursuant to an | 34 |
instrument as described in division (A) or (B) of this section | 35 |
during any period of disability, incapacity, or adjudged | 36 |
incompetency of the principal shall have the same effect and
inure | 37 |
to the benefit of and bind the principal or the principal's heirs, | 38 |
devisees, and personal representatives as if the principal were | 39 |
competent and not disabled or incapacitated. If a guardian | 40 |
thereafter is appointed for the principal and the guardian is not | 41 |
the attorney in fact, the attorney in fact, during the
continuance | 42 |
of the appointment, shall account to the guardian
rather than the | 43 |
principal. The guardian has the same power the
principal would | 44 |
have had if not incompetent, to revoke all or any
part of the | 45 |
power and authority of the attorney in fact. | 46 |
(D) In a durable power of attorney as described in
division | 47 |
(A) or (B) of this section, a principal may nominate the
attorney | 48 |
in fact or any other person to be the guardian of the
principal's | 49 |
person, estate, or both
and may nominate the attorney in fact or | 50 |
any other person to be the
guardian of the person, the estate, or | 51 |
both of one or more of the
principal's minor or incompetent adult | 52 |
children, whether born at the time of the execution of the
durable | 53 |
power of attorney or afterward. The nomination is for | 54 |
consideration by
a court if proceedings for the appointment of a | 55 |
guardian for the
principal's person, estate, or both or if | 56 |
proceedings for the appointment
of a guardian of the person, the | 57 |
estate, or both of
one or more of the principal's minor or | 58 |
incompetent adult children are commenced at a later
time. The | 59 |
principal may authorize in a power of attorney of
that nature the | 60 |
person nominated as guardian or
the attorney in fact to nominate a | 61 |
successor guardian for
consideration by a court. | 62 |
(B)(1) To qualify for appointment as executor or trustee,
an | 86 |
executor or a trustee named in a will or nominated in
accordance | 87 |
with any power of nomination conferred in a will, may
be a | 88 |
resident of this state or, as provided in this division, a | 89 |
nonresident of this state. To qualify for appointment, a | 90 |
nonresident executor or trustee named in, or nominated pursuant | 91 |
to, a will shall be an individual who is related to the maker of | 92 |
the will by consanguinity or affinity, or a person who resides in | 93 |
a state that has statutes or rules that authorize the appointment | 94 |
of a nonresident person who is not related to the maker of a will | 95 |
by consanguinity or affinity, as an executor or trustee when
named | 96 |
in, or nominated pursuant to, a will. No such executor or
trustee | 97 |
shall be refused appointment or removed solely because the | 98 |
executor or trustee is not a resident of this state. | 99 |
(2) In accordance with this division and section 2129.08
of | 106 |
the Revised Code, the court shall appoint as an ancillary | 107 |
administrator a person who is named in the will of a nonresident | 108 |
decedent, or who is nominated in accordance with any power of | 109 |
nomination conferred in the will of a nonresident decedent, as a | 110 |
general executor of the decedent's estate or as executor of the | 111 |
portion of the decedent's estate located in this state, whether
or | 112 |
not the person so named or nominated is a resident of this
state. | 113 |
To qualify for appointment as an ancillary administrator, a | 114 |
person who is not a resident of this state and who is named or | 115 |
nominated as described in this division, shall be an individual | 116 |
who is related to the maker of the will by consanguinity or | 117 |
affinity, or a person who resides in a state that has statutes or | 118 |
rules that authorize the appointment of a nonresident of that | 119 |
state who is not related to the maker of a will by consanguinity | 120 |
or affinity, as an ancillary administrator when the nonresident
is | 121 |
named in a will or nominated in accordance with any power of | 122 |
nomination conferred in a will. If a person who is not a
resident | 123 |
of this state and who is named or nominated as described
in this | 124 |
division so qualifies for appointment as an ancillary | 125 |
administrator and if the provisions of section 2129.08 of the | 126 |
Revised Code are satisfied, the court shall not refuse to appoint | 127 |
the person, and shall not remove the person, as ancillary | 128 |
administrator solely because the person is not a resident of this | 129 |
state. | 130 |
(C) A guardian shall be a resident of the county, except
that | 137 |
the court may appoint a nonresident of the county who is a | 138 |
resident of this state as guardian of the person, the estate, or | 139 |
both; that a nonresident of the county or of this state may be | 140 |
appointed a guardian, if named in a will by a parent of a minor
or | 141 |
if selected by a minor over the age of fourteen years as
provided | 142 |
by section 2111.12 of the Revised Code; and that a
nonresident of | 143 |
the county or of this state may be appointed a
guardian if | 144 |
nominated in or pursuant to a durable power of
attorney as | 145 |
described in division (D) of section 1337.09 of the
Revised Code | 146 |
or a writing as described in division (A) of section
2111.121 of | 147 |
the Revised Code; and that a nonresident of the county
or of this | 148 |
state may be appointed as a guardian if the nonresident was | 149 |
nominated as a guardian in or pursuant to a durable power of | 150 |
attorney as
described in division (D) of section 1337.09 of the | 151 |
Revised Code or a writing
described in division (A) of section | 152 |
2111.121 of the Revised Code. A guardian,
other than a guardian | 153 |
named in a will by a parent of a minor, selected by a
minor over | 154 |
the age of fourteen years, or nominated in or pursuant to such a | 155 |
durable power of attorney or writing, may be removed on proof
that | 156 |
the guardian is no longer a resident of the county or state in | 157 |
which
the guardian resided
at the time of the guardian's | 158 |
appointment, and shall be
removed on proof
that the guardian is no | 159 |
longer a resident of this state. | 160 |
Sec. 2111.02. (A) When found necessary, the probate court
on | 168 |
its own motion or on application by any interested party shall | 169 |
appoint, subject to divisions (C) and
(D) of this section and to | 170 |
section
2109.21 and division (B) of section 2111.121 of the | 171 |
Revised Code,
a guardian of the person, the estate, or both, of a | 172 |
minor or
incompetent, provided the person for whom the guardian is | 173 |
to be
appointed is a resident of the county or has a legal | 174 |
settlement
in the county and, except in the case of a minor, has | 175 |
had the
opportunity to have the assistance of counsel in the | 176 |
proceeding
for the appointment of such guardian. An interested | 177 |
party
includes, but is not limited to, a person nominated in a | 178 |
durable
power of attorney as described in division (D) of section | 179 |
1337.09
of the Revised Code or in a writing as described in | 180 |
division (A)
of section 2111.121 of the Revised Code. | 181 |
When the primary purpose of the appointment of a guardian
is, | 190 |
or was, the collection, disbursement, or administration of
moneys | 191 |
awarded by the veterans administration to the ward, or
assets | 192 |
derived from such moneys, no court costs shall be charged
in the | 193 |
proceeding for the appointment or in any subsequent
proceedings | 194 |
made in pursuance of the appointment, unless the
value of the | 195 |
estate, including the moneys then due under the
veterans | 196 |
administration award, exceeds one thousand five hundred
dollars. | 197 |
(B)(1) If the probate court finds it to be in the best | 198 |
interest of an incompetent or minor, it may appoint pursuant to | 199 |
divisions (A) and (C) of this section, on its own motion or on | 200 |
application by an interested party, a limited guardian with | 201 |
specific limited powers. The sections of the Revised Code,
rules, | 202 |
and procedures governing guardianships apply to a limited | 203 |
guardian, except that the order of appointment and letters of | 204 |
authority of a limited guardian shall state the reasons for, and | 205 |
specify the limited powers of, the guardian. The court may
appoint | 206 |
a limited guardian for a definite or indefinite period.
An | 207 |
incompetent or minor for whom a limited guardian has been | 208 |
appointed retains all of the incompetent's or minor's rights in | 209 |
all
areas not affected by
the court order appointing the limited | 210 |
guardian. | 211 |
(2) If a guardian appointed pursuant to division (A) of
this | 212 |
section is temporarily or permanently removed or resigns,
and if | 213 |
the welfare of the ward requires immediate action, at any
time | 214 |
after the removal or resignation, the probate court may
appoint, | 215 |
ex parte and with or without notice to the ward or
interested | 216 |
parties, an interim guardian for a maximum period of
fifteen days. | 217 |
If the court appoints the interim guardian ex
parte or without | 218 |
notice to the ward, the court, at its first
opportunity, shall | 219 |
enter upon its journal with specificity the
reason for acting ex | 220 |
parte or without notice, and, as soon as
possible, shall serve | 221 |
upon the ward a copy of the order
appointing the interim guardian. | 222 |
For good cause shown, after
notice to the ward and interested | 223 |
parties and after hearing, the
court may extend an interim | 224 |
guardianship for a specified period,
but not to exceed an | 225 |
additional thirty days. | 226 |
(3) If a minor or incompetent has not been placed under a | 227 |
guardianship pursuant to division (A) of this section and if an | 228 |
emergency exists, and if it is reasonably certain that immediate | 229 |
action is required to prevent significant injury to the person or | 230 |
estate of the minor or incompetent, at any time after it receives | 231 |
notice of the emergency, the court, ex parte, may issue any order | 232 |
that it considers necessary to prevent injury to the person or | 233 |
estate of the minor or incompetent, or may appoint an emergency | 234 |
guardian for a maximum period of seventy-two hours. A written
copy | 235 |
of any order issued by a court under this division shall be
served | 236 |
upon the incompetent or minor as soon as possible after
its | 237 |
issuance. Failure to serve such an order after its issuance
or | 238 |
prior to the taking of any action under its authority does not | 239 |
invalidate the order or the actions taken. The powers of an | 240 |
emergency guardian shall be specified in the letters of | 241 |
appointment, and shall be limited to those powers that are | 242 |
necessary to prevent injury to the person or estate of the minor | 243 |
or incompetent. If the court acts ex parte or without notice to | 244 |
the minor or incompetent, the court, at its first opportunity, | 245 |
shall enter upon its journal a record of the case and, with | 246 |
specificity, the reason for acting ex parte or without notice.
For | 247 |
good cause shown, after notice to the minor or incompetent
and | 248 |
interested parties, and after hearing, the court may extend
an | 249 |
emergency guardianship for a specified period, but not to
exceed | 250 |
an additional thirty days. | 251 |
(1) The proposed guardian or limited guardian shall
appear at | 257 |
the hearing and,
if appointed, shall swear under oath that the | 258 |
proposed guardian or
limited guardian has made and will
continue | 259 |
to make diligent efforts to file a true inventory in
accordance | 260 |
with section 2111.14 of the Revised Code and find and
report all | 261 |
assets belonging to the estate of the ward and that
the proposed | 262 |
guardian or limited guardian
faithfully and completely will | 263 |
fulfill the other duties of
guardian, including the filing of | 264 |
timely and accurate reports and
accountings; | 265 |
(D)(1) When a
person has been nominated to be a guardian of | 296 |
the estate of a minor in
or
pursuant to a durable power of | 297 |
attorney as described in division (D)
of section
1337.09 of the | 298 |
Revised Code or a writing as described in division (A) of
section | 299 |
2111.121 of the Revised
Code, the person nominated has preference | 300 |
in appointment over a
person selected by the minor. A person who | 301 |
has been
nominated to be a guardian of the person of a minor in or | 302 |
pursuant to
a durable power of attorney or writing of that nature | 303 |
does not have
preference in appointment over a person selected by | 304 |
the minor, but the
probate court may appoint the person named in | 305 |
the durable power of attorney or
the writing, the person
selected | 306 |
by the minor, or another person as guardian of the person of the | 307 |
minor. | 308 |
Sec. 2111.121. (A) A person may nominate in a writing, as | 317 |
described in this division, another person to be the guardian of | 318 |
the nominator's person, estate, or both
or the guardian of the | 319 |
person, the estate, or both, of one or
more of the nominator's | 320 |
minor or incompetent adult children, whether born at the time of | 321 |
the
execution of the writing or afterward, subject to notice and a | 322 |
hearing pursuant to section 2111.02 of the Revised Code. The | 323 |
nomination is
for consideration
by a court if proceedings for the | 324 |
appointment of a guardian of
the person, the estate, or both, for | 325 |
the person making the
nomination or if proceedings for the | 326 |
appointment of a guardian as
the guardian of the person, the | 327 |
estate, or both of one or more of the
nominator's minor or | 328 |
incompetent adult children
are commenced at a later time. The | 329 |
person may
authorize, in a writing of that nature, the person | 330 |
nominated as guardian to
nominate a successor guardian for | 331 |
consideration by a court. The
person
also may direct, in a writing | 332 |
of that nature, that bond be
waived for a
person nominated as | 333 |
guardian
in it or nominated as a successor
guardian in
accordance | 334 |
with an authorization in it. | 335 |
(B) If a person has nominated, in a writing as described
in | 343 |
division (A) of this section or in a durable power of attorney
as | 344 |
described in division (D) of section 1337.09 of the Revised
Code, | 345 |
another person to be the guardian of the nominator's
person, | 346 |
estate, or
both, and proceedings for the appointment of a guardian | 347 |
for the
person
are commenced at a later time, the court involved | 348 |
shall appoint
the person nominated as guardian in the writing or | 349 |
durable power
of attorney most recently executed if the person | 350 |
nominated is
competent, suitable, and willing to accept the | 351 |
appointment. If
the writing or durable power of attorney contains | 352 |
a waiver of
bond, the court shall waive bond of the person | 353 |
nominated as
guardian unless it is of the opinion that the | 354 |
interest of the
trust demands it. | 355 |
(C) Nomination of a person as a guardian or successor | 356 |
guardian of the person, the estate, or both of one or more of the | 357 |
nominator's
minor or incompetent adult children
under division (A) | 358 |
of this section, and any subsequent appointment of
the guardian or | 359 |
successor guardian as
guardian under section 2111.02 of the | 360 |
Revised
Code, does not vacate the jurisdiction of any
other court | 361 |
that previously may have exercised jurisdiction over the person of | 362 |
the minor or incompetent adult child. | 363 |
The court shall require a guardian ad litem, or a trustee | 377 |
appointed under section 2307.13 or 2307.131 of the Revised Code, | 378 |
faithfully to
discharge the guardian ad litem's or trustee's duty, | 379 |
and
upon failure to do so, may remove the guardian ad
litem or | 380 |
trustee, and appoint another. The court may fix a compensation
for | 381 |
the guardian ad litem's or trustee's services, which
shall be | 382 |
taxed in the costs against the minor, the incompetent person, or | 383 |
the
unborn persons. | 384 |
Sec. 5305.22. (A) Any real estate or interest thereinin | 385 |
real estate coming to a person by
purchase, inheritance, or | 386 |
otherwise, after the spouse of suchthe person is
adjudged an | 387 |
incompetenta mentally ill person subject to hospitalization by | 388 |
court order and admitted to either a hospital for persons with | 389 |
mental illness in this
or any other state of the United States or | 390 |
the psychiatric department of any hospital of the United
States, | 391 |
may be conveyed by suchthe person while suchthe person's spouse | 392 |
who is an incompetenta mentally ill person subject to | 393 |
hospitalization by court order remains a patient thereofof that | 394 |
hospital, free and clear from any dower right or expectancy of | 395 |
suchthe person's
spouse who is an incompetenta mentally ill | 396 |
person subject to hospitalization by court order. Dower shall not | 397 |
attach to any real estate so acquired and
conveyed during the time | 398 |
described in this section in favor of such
spouse who is an | 399 |
incompetenta mentally ill person subject to hospitalization by | 400 |
court order. The indorsement upon the instrument of conveyance, by | 401 |
the
superintendent of the hospital to which the spouse was | 402 |
admitted, that suchthe spouse of the person conveying the real | 403 |
estate is an incompetenta mentally ill person thereofsubject to | 404 |
hospitalization by court order who has been admitted to that | 405 |
hospital,
stating when received thereinin that hospital and | 406 |
signed officially by the
superintendent, shall be sufficient | 407 |
evidence of the fact that suchthe spouse of the person conveying | 408 |
the real estate is such incompetent a mentally ill person subject | 409 |
to hospitalization by court order. This indorsement shall
be a | 410 |
part of the instrument of conveyance. | 411 |
Sec. 5711.05. As used in this section and, "legal | 415 |
disability" has the same meaning as in section 5711.072131.02 of | 416 |
the Revised Code, "incompetent person" means a person who is so | 417 |
mentally impaired as a result of a mental or physical illness or | 418 |
disability, or mental retardation, or as a result of chronic | 419 |
substance abuse, that the person is incapable of taking proper | 420 |
care of the person's self or property or fails to provide for the | 421 |
person's family or other persons for whom the person is charged by | 422 |
law to provide. | 423 |
Each person shall return all the taxable
property of which | 424 |
the person is the owner, except property
required by
this section | 425 |
or the regulations of the tax commissioner to be
returned for the | 426 |
person by a fiduciary; but this section
does not
authorize any | 427 |
person to omit from the person's return of
taxable property
the | 428 |
person's interest in investments and other taxable
intangible | 429 |
property
yielding income owned or held for the person's benefit by | 430 |
a
fiduciary and
not taxed at the source, or other taxable property | 431 |
so owned or
held by a nonresident fiduciary. The return of all the | 432 |
taxable
property of a corporation shall be made by the president, | 433 |
a
vice-president, or the secretary and by the principal accounting | 434 |
officer, that of a partnership, by a partner, and that of an | 435 |
association, by the managing agent in this state. | 436 |
Personal property used in business and taxable property of
a | 451 |
nonresident used in and arising out of a business transacted
for | 452 |
the nonresident or on the
nonresident's behalf in any of the cases | 453 |
mentioned in section
5709.03 of the Revised Code, in the | 454 |
possession or custody of any
agent, factor, bailee, or other | 455 |
similar fiduciary, shall be
returned by such fiduciary, except as | 456 |
is provided by regulation
of the commissioner; but as to such | 457 |
property in the possession,
custody, or legal ownership of a | 458 |
trustee the next succeeding
paragraph of this section shall be | 459 |
exclusive; provided that a
warehouseperson shall not be required | 460 |
to return for
taxation
personal property consigned to the | 461 |
warehouseperson for the sole purpose
of being stored or forwarded, | 462 |
if such
warehouseperson has no
interest in such property other | 463 |
than a
warehouseperson's lien, or
any profit to be derived from | 464 |
its sale. | 465 |
All the taxable property, except investments and other | 466 |
taxable intangible property yielding income, of a person for
whose | 467 |
benefit property is held in trust shall be returned by the | 468 |
trustee, and if any beneficiary of such a trust is a minor or an | 469 |
incompetent person under a legal disability residing in this | 470 |
state, and for whom
there is no other fiduciary in this state, the | 471 |
commissioner may
require such a trustee to return also the | 472 |
investments and other
taxable intangible property yielding income | 473 |
held for the benefit
of any such beneficiary and not taxed at the | 474 |
source. | 475 |
Sec. 5711.07. Personal property used in business shall be | 486 |
listed and assessed in the taxing district in which such business | 487 |
is carried on. If such business is carried on in more than one | 488 |
taxing district in the same county, the return shall set forth
the | 489 |
amount of the property used therein which is situated in each | 490 |
taxing district in such county, and the value of all the personal | 491 |
property used in business shall be apportioned to and assessed in | 492 |
each of such taxing districts in proportion to the value of the | 493 |
personal property situated therein. Domestic animals not used in | 494 |
business shall be listed and assessed in the taxing district
where | 495 |
kept. Ships, vessels, boats, and aircraft, and shares and | 496 |
interests therein, shall be listed and assessed in the taxing | 497 |
district in which the owner resides. All other taxable property | 498 |
shall be listed and assessed in the municipal corporation in
which | 499 |
the owner resides, or, if the owner resides outside a
municipal | 500 |
corporation, then in the county in which the owner
resides
except | 501 |
as provided in sections 5711.01 to 5711.36, inclusive, of
the | 502 |
Revised Code. Whenever, under such sections, taxable
property | 503 |
required by this section to be listed and assessed in
the taxing | 504 |
district or county in which the owner resides is
required to be | 505 |
listed by a fiduciary, such property shall be
listed and assessed | 506 |
by such fiduciary in the taxing district or
county in which such | 507 |
fiduciary resides, or, in the case of joint
fiduciaries, in which | 508 |
either such fiduciary resides; but such
property belonging to the | 509 |
estate of a deceased resident of this
state shall be listed and | 510 |
assessed in the taxing district or
county in which the deceased | 511 |
resident resided at the time of
death, regardless
of the residence | 512 |
of the deceased resident's executors,
administrators, or personal | 513 |
representatives, and such property belonging to a ward, minor,
| 514 |
incompetent person, or beneficiary of a trust residing in this | 515 |
state,
title, custody, or possession of which is vested in a | 516 |
nonresident
fiduciary, shall be listed and assessed in the taxing | 517 |
district or
county in which such ward, minor, incompetent person, | 518 |
or beneficiary
resides. | 519 |
Sec. 5907.06. (A) A mentally ill person with a mental | 527 |
illness thatsubject to hospitalization by court order whose | 528 |
mental condition causes the person to be dangerous to the | 529 |
community shall not be admitted to
a veterans'
home. In caseIf
a | 530 |
mentally ill person with such a mental illnesssubject to | 531 |
hospitalization by court order, through
misrepresentation as to
| 532 |
the
person's condition, is
sent to
a home,
the person shall be | 533 |
returned to, and the
expense
of the return shall be
borne by, the | 534 |
county from which
the person came. | 535 |
Sec. 5907.09. (A) When the affidavit referred to in section | 539 |
5907.08 of the
Revised
Code is filed, the probate judge shall | 540 |
forthwith determine whether the competence of
the
resident is a | 541 |
mentally ill person subject to hospitalization by court order. | 542 |
Insofar as applicable, the laws governing in cases of admission
to | 543 |
a state hospital for persons with mental illness shall apply. The | 544 |
probate judge
shall have
the same authority, and may receive and | 545 |
order paid the
same fees and costs, as
the probate judge would | 546 |
have in the county
in which
the veteran was
a resident
at the time | 547 |
of entering
the
veterans' home. | 548 |