As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 578

Representatives Letson, Stautberg 

Cosponsors: Representatives Pryor, Harris, Williams, B., Mecklenborg, Stebelton, Garland, Harwood, Pillich, Brown, Heard, Hagan, DeGeeter, Gerberry, Book, Mallory, Boyd, Balderson, Yuko, Newcomb, Belcher, Bolon, Foley, Patten, Luckie, Lehner, Snitchler, Derickson, Driehaus, Goyal, Koziura, Murray, Boose, Zehringer, Lundy, Walter, Szollosi, Winburn, Chandler, Reece, Williams, S., Domenick, Phillips, O'Farrell, Skindell, Adams, R., Hite, Huffman, Grossman, Okey, Bacon, Blessing, Maag, McGregor, Celeste, Garrison 

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A BILL

To amend section 2111.02, to enact sections 2112.01,

1

2112.011, 2112.02, 2112.03, 2112.04, 2112.05,

2

2112.21, 2112.22, 2112.23, 2112.24, 2112.25,

3

2112.26, 2112.27, 2112.31, 2112.32, 2112.41,

4

2112.42, and 2112.43, and to repeal section

5

2111.41 of the Revised Code to adopt the Transfer

6

of Adult Guardianship and Protective Proceedings

7

Jurisdiction Act.

8

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

Section 1.  That section 2111.02 be amended and sections	9
2112.01, 2112.011, 2112.02, 2112.03, 2112.04, 2112.05, 2112.21,	10
2112.22, 2112.23, 2112.24, 2112.25, 2112.26, 2112.27, 2112.31,	11
2112.32, 2112.41, 2112.42, and 2112.43 of the Revised Code be	12
enacted to read as follows:	13

Sec. 2111.02.  (A) When found necessary, thea probate court	14
on its own motion or on application by any interested party shall	15
appoint, subject to divisions (C) and (D) of this section and to	16
section 2109.21 and division (B) of section 2111.121 of the	17
Revised Code, a guardian of the person, the estate, or both, of a	18
minor or incompetent, provided the person for whom the guardian is	19
to be appointed is a resident of the county or has a legal	20
settlement in the county and, except in the case of a minor, has	21
had. If the person for whom the guardian is to be appointed is an	22
adult, the person must be a qualified respondent as described in	23
section 2112.21 of the Revised Code and have the opportunity to	24
have the assistance of counsel in the proceeding for the	25
appointment of such guardian. An interested party includes, but is	26
not limited to, a person nominated in a durable power of attorney	27
as described in division (D) of section 1337.09 of the Revised	28
Code or in a writing as described in division (A) of section	29
2111.121 of the Revised Code.	30

Except when the guardian of an incompetent is an agency under	31
contract with the department of developmental disabilities for the	32
provision of protective services under sections 5123.55 to 5123.59	33
of the Revised Code, the guardian of an incompetent, by virtue of	34
such appointment, shall be the guardian of the minor children of	35
the guardian's ward, unless the court appoints some other person	36
as their guardian.	37

When the primary purpose of the appointment of a guardian is,	38
or was, the collection, disbursement, or administration of moneys	39
awarded by the veterans administration to the ward, or assets	40
derived from such moneys, no court costs shall be charged in the	41
proceeding for the appointment or in any subsequent proceedings	42
made in pursuance of the appointment, unless the value of the	43
estate, including the moneys then due under the veterans	44
administration award, exceeds one thousand five hundred dollars.	45

(B)(1) If the probate court finds it to be in the best	46
interest of an incompetent or minor, it may appoint pursuant to	47
divisions (A) and (C) of this section, on its own motion or on	48
application by an interested party, a limited guardian with	49
specific limited powers. The sections of the Revised Code, rules,	50
and procedures governing guardianships apply to a limited	51
guardian, except that the order of appointment and letters of	52
authority of a limited guardian shall state the reasons for, and	53
specify the limited powers of, the guardian. The court may appoint	54
a limited guardian for a definite or indefinite period. An	55
incompetent or minor for whom a limited guardian has been	56
appointed retains all of the incompetent's or minor's rights in	57
all areas not affected by the court order appointing the limited	58
guardian.	59

(2) If a guardian appointed pursuant to division (A) of this	60
section is temporarily or permanently removed or resigns, and if	61
the welfare of the ward requires immediate action, at any time	62
after the removal or resignation, the probate court may appoint,	63
ex parte and with or without notice to the ward or interested	64
parties, an interim guardian for a maximum period of fifteen days.	65
If the court appoints the interim guardian ex parte or without	66
notice to the ward, the court, at its first opportunity, shall	67
enter upon its journal with specificity the reason for acting ex	68
parte or without notice, and, as soon as possible, shall serve	69
upon the ward a copy of the order appointing the interim guardian.	70
For good cause shown, after notice to the ward and interested	71
parties and after hearing, the court may extend an interim	72
guardianship for a specified period, but not to exceed an	73
additional thirty days.	74

(3) If a minor or incompetent has not been placed under a	75
guardianship pursuant to division (A) of this section and if an	76
emergency exists, and if it is reasonably certain that immediate	77
action is required to prevent significant injury to the person or	78
estate of the minor or incompetent, at any time after it receives	79
notice of the emergency, the court, ex parte, may issue any order	80
that it considers necessary to prevent injury to the person or	81
estate of the minor or incompetent, or may appoint an emergency	82
guardian for a maximum period of seventy-two hours. A written copy	83
of any order issued by a court under this division shall be served	84
upon the incompetent or minor as soon as possible after its	85
issuance. Failure to serve such an order after its issuance or	86
prior to the taking of any action under its authority does not	87
invalidate the order or the actions taken. The powers of an	88
emergency guardian shall be specified in the letters of	89
appointment, and shall be limited to those powers that are	90
necessary to prevent injury to the person or estate of the minor	91
or incompetent. If the court acts ex parte or without notice to	92
the minor or incompetent, the court, at its first opportunity,	93
shall enter upon its journal a record of the case and, with	94
specificity, the reason for acting ex parte or without notice. For	95
good cause shown, after notice to the minor or incompetent and	96
interested parties, and after hearing, the court may extend an	97
emergency guardianship for a specified period, but not to exceed	98
an additional thirty days.	99

(C) Prior to the appointment of a guardian or limited	100
guardian under division (A) or (B)(1) of this section, the court	101
shall conduct a hearing on the matter of the appointment. The	102
hearing shall be conducted in accordance with all of the	103
following:	104

(1) The proposed guardian or limited guardian shall appear at	105
the hearing and, if appointed, shall swear under oath that the	106
proposed guardian or limited guardian has made and will continue	107
to make diligent efforts to file a true inventory in accordance	108
with section 2111.14 of the Revised Code and find and report all	109
assets belonging to the estate of the ward and that the proposed	110
guardian or limited guardian faithfully and completely will	111
fulfill the other duties of guardian, including the filing of	112
timely and accurate reports and accountings;	113

(2) If the hearing is conducted by a referee, the procedures	114
set forth in Civil Rule 53 shall be followed;	115

(3) If the hearing concerns the appointment of a guardian or	116
limited guardian for an alleged incompetent, the burden of proving	117
incompetency shall be by clear and convincing evidence;	118

(4) Upon request of the applicant, the alleged incompetent	119
for whom the appointment is sought or the alleged incompetent's	120
counsel, or any interested party, a recording or record of the	121
hearing shall be made;	122

(5) Evidence of a less restrictive alternative to	123
guardianship may be introduced, and when introduced, shall be	124
considered by the court;	125

(6) The court may deny a guardianship based upon a finding	126
that a less restrictive alternative to guardianship exists;	127

(7) If the hearing concerns the appointment of a guardian or	128
limited guardian for an alleged incompetent, the alleged	129
incompetent has all of the following rights:	130

(a) The right to be represented by independent counsel of the	131
alleged incompetent's choice;	132

(b) The right to have a friend or family member of the	133
alleged incompetent's choice present;	134

(c) The right to have evidence of an independent expert	135
evaluation introduced;	136

(d) If the alleged incompetent is indigent, upon the alleged	137
incompetent's request:	138

(i) The right to have counsel and an independent expert	139
evaluator appointed at court expense;	140

(ii) If the guardianship, limited guardianship, or standby	141
guardianship decision is appealed, the right to have counsel	142
appointed and necessary transcripts for appeal prepared at court	143
expense.	144

(D)(1) When a person has been nominated to be a guardian of	145
the estate of a minor in or pursuant to a durable power of	146
attorney as described in division (D) of section 1337.09 of the	147
Revised Code or a writing as described in division (A) of section	148
2111.121 of the Revised Code, the person nominated has preference	149
in appointment over a person selected by the minor. A person who	150
has been nominated to be a guardian of the person of a minor in or	151
pursuant to a durable power of attorney or writing of that nature	152
does not have preference in appointment over a person selected by	153
the minor, but the probate court may appoint the person named in	154
the durable power of attorney or the writing, the person selected	155
by the minor, or another person as guardian of the person of the	156
minor.	157

(2) A person nominated as a guardian of an incompetent adult	158
child pursuant to section 1337.09 or 2111.121 of the Revised Code	159
shall have preference in appointment over a person applying to be	160
guardian if the person nominated is competent, suitable, and	161
willing to accept the appointment, and if the incompetent adult	162
child does not have a spouse or an adult child and has not	163
designated a guardian prior to the court finding the adult child	164
incompetent.	165

Sec. 2112.01.  As used in this chapter:

166

(A) "Adult" means an individual who is eighteen years of age	167
or older.	168

(B) "Guardian" has the same meaning as in section 2111.01 of	169
the Revised Code.	170

(C) "Guardian of the person" means a person appointed by the	171
court to make decisions regarding the support, care, education,	172
health, and welfare of a ward. "Guardian of the person" does not	173
include a guardian ad litem.	174

(D) "Guardian of the estate" means a person appointed by the	175
court to administer the estate of a ward.	176

(E) "Conservator" means a conservator appointed by the	177
probate court in an order of conservatorship issued pursuant to	178
section 2111.01 of the Revised Code. "Conservator" does not	179
include a guardian of the estate.	180

(F) "Ward" means any adult who has been adjudicated	181
incompetent and for whom a guardian is acting or for whom the	182
probate court is acting pursuant to section 2111.50 of the Revised	183
Code.	184

(G) "Emergency" means a circumstance that likely will result	185
in substantial harm to a respondent's health, safety, welfare, or	186
property and for which the appointment of a guardian or issuance	187
of a protective order is necessary because no other person has	188
authority and is willing to act on the respondent's behalf.	189

(H) "Guardianship order" means an order appointing a	190
guardian.	191

(I) "Guardianship proceeding" means a judicial proceeding in	192
which an order for the appointment of a guardian is sought or has	193
been issued.	194

(J) "Home state" means the state in which the respondent was	195
physically present, including any period of temporary absence, for	196
at least six consecutive months immediately before the filing of	197
an application for appointment of a guardian or the issuance of a	198
protective order or, if none, the state in which the respondent	199
was physically present, including any period of temporary absence,	200
for at least six consecutive months ending within the six months	201
prior to the filing of the application.	202

(K) "Party" means the respondent, applicant, guardian, or	203
other person allowed by the court to participate in a guardianship	204
or protective proceeding.	205

(L) "Person," except in the term protected person, means an	206
individual, parent, corporation, business trust, estate, trust,	207
partnership, limited liability company, association, joint	208
venture, government, governmental agency or instrumentality,	209
public corporation, or other legal or commercial entity.	210

(M) "Protected person" means an adult for whom a protective	211
order has been issued.	212

(N) "Protective order" means an order appointing a guardian	213
or other order related to the management of an adult's person,	214
property, or both.	215

(O) "Protective proceeding" means a judicial proceeding in	216
which a protective order is sought or has been issued.	217

(P) "Record" means information that is inscribed on a	218
tangible medium or that is stored in an electronic or other medium	219
and is retrievable in perceivable form.	220

(Q) "Respondent" means an adult for whom a protective order	221
or the appointment of a guardian is sought.	222

(R) "Significant-connection state" means a state, other than	223
the home state, with which a respondent has a significant	224
connection other than mere physical presence and in which	225
substantial evidence concerning the respondent is available.	226

(S) "Incompetent" has the same meaning as in section 2111.01	227
of the Revised Code.	228

(T) "State" means a state of the United States, the District	229
of Columbia, Puerto Rico, the United States Virgin Islands, or any	230
territory or insular possession subject to the jurisdiction of the	231
United States. "State" includes an Indian tribe or band that is	232
recognized by federal law or formally acknowledged by a state.	233

Sec. 2112.011.  Chapter 2112. of the Revised Code may be	234
cited as the Transfer of Adult Guardianship and Protective	235
Proceedings Jurisdiction Act.	236

Sec. 2112.02.  A probate court of this state may treat a	237
foreign country as if it were a state for the purpose of applying	238
this chapter.	239

Sec. 2112.03.  (A) A probate court of this state may	240
communicate with a court in another state concerning a proceeding	241
arising under this chapter. The probate court may allow the	242
parties to participate in the communication. Except as otherwise	243
provided in division (B) of this section, the probate court shall	244
make a record of the communication. The record may be limited to	245
the fact that the communication occurred.	246

(B) Probate courts may communicate concerning schedules,	247
calendars, court records, and other administrative matters without	248
making a record.	249

Sec. 2112.04.  (A) In a guardianship or protective proceeding	250
in this state, a probate court of this state may request the	251
appropriate court of another state to do any of the following:	252

(1) Hold an evidentiary hearing;

253

(2) Order a person in that state to produce evidence or give	254
testimony pursuant to the procedures of that state;	255

(3) Order that an evaluation or assessment be made of the	256
respondent;	257

(4) Order any appropriate investigation of a person involved	258
in the proceeding;	259

(5) Forward to the probate court of this state a certified	260
copy of the transcript or other record of a hearing under division	261
(A)(1) of this section or any other proceeding, any evidence	262
otherwise produced under division (A)(2) of this section, and any	263
evaluation or assessment prepared in compliance with an order	264
under division (A)(3) or (4) of this section;	265

(6) Issue any order necessary to assure the appearance in the	266
proceeding of a person whose presence is necessary for the probate	267
court to make a determination, including the respondent, ward, or	268
a protected person;	269

(7) Issue an order authorizing the release of medical,	270
financial, criminal, or other relevant information in that state,	271
including protected health information as authorized in 45 C.F.R.	272
164.504, as amended.	273

(B) If a court of another state in which a guardianship or	274
protective proceeding is pending requests assistance of the kind	275
provided in division (A) of this section, a probate court of this	276
state has jurisdiction for the limited purpose of granting the	277
request or making reasonable efforts to comply with the request. A	278
probate court of this state may require an advance deposit for	279
costs in an amount sufficient to obtain or provide the requested	280
assistance.	281

Sec. 2112.05.  (A) In a guardianship proceeding or protective	282
proceeding, in addition to other procedures that may be available,	283
the testimony of a witness who is located in another state may be	284
offered by deposition or other means allowable in this state for	285
testimony taken in another state. The probate court on the court's	286
own motion may order that the testimony of a witness be taken in	287
another state and may prescribe the manner in which and the terms	288
upon which the testimony is to be taken.	289

(B) In a guardianship or protective proceeding, a probate	290
court in this state may permit a witness located in another state	291
to be deposed or to testify by telephone, audiovisual, or other	292
electronic means. A probate court of this state shall cooperate	293
with the court of the other state in designating an appropriate	294
location for the deposition or testimony.	295

(C) Documentary evidence transmitted from another state to a	296
probate court of this state by technological means that do not	297
produce an original writing may not be excluded from evidence on	298
an objection based on the best evidence rule.	299

(D) A probate court of this state may adopt local rules of	300
practice that promote the use of any device or procedure to	301
facilitate the expeditious disposition of the cases.	302

Sec. 2112.21.  (A) A probate court of this state has	303
jurisdiction to appoint a guardian or issue a protective order for	304
a respondent if any of the following applies:	305

(1) This state is the applicant's home state.

306

(2) On the date that the application is filed, this state is	307
a significant-connection state, and either of the following	308
applies:	309

(a) The respondent does not have a home state, or a court of	310
the respondent's home state has declined to exercise jurisdiction	311
because this state is a more appropriate forum.	312

(b) The respondent has a home state, a petition for an	313
appointment or order is not pending in a court of that state or	314
another significant-connection state, and before the probate court	315
makes the appointment or issues the order all of the following	316
apply:	317

(i) An application for an appointment or order is not filed	318
in the respondent's home state.	319

(ii) An objection to the probate court's jurisdiction is not	320
filed by a person required to be notified of the proceeding.	321

(iii) The probate court in this state concludes that the	322
probate court is an appropriate forum under the factors set forth	323
in section 2112.24 of the Revised Code.	324

(3) This state does not have jurisdiction under division (A)	325
or (B) of this section, the respondent's home state and all	326
significant-connection states have declined to exercise	327
jurisdiction because this state is the more appropriate forum, and	328
jurisdiction in this state is consistent with the constitutions of	329
this state and the United States.	330

(4) The requirements for special jurisdiction under section	331
2112.22 of the Revised Code are met.	332

(B) In determining whether a respondent has a significant	333
connection with a particular state for purposes of this section,	334
the probate court may consider any of the following:	335

(1) The location of the respondent's family and other persons	336
required to be notified of the guardianship or protective	337
proceeding;	338

(2) The length of time the respondent at any time was	339
physically present in the state and the duration of any absence;	340

(3) The location of the respondent's property;

341

(4) The extent to which the respondent has ties to the state,	342
including, but not limited to, voting registration, state or local	343
tax return filing, vehicle registration, driver's license, social	344
relationships, and receipt of services.	345

Sec. 2112.22.  (A) A probate court of this state lacking	346
jurisdiction under section 2112.21 of the Revised Code has special	347
jurisdiction to do any of the following:	348

(1) Appoint a guardian in an emergency pursuant to section	349
2112.02 of the Revised Code for a respondent who is physically	350
present in this state;	351

(2) Issue a protective order with respect to the adult or to	352
the real or tangible personal property located in this state;	353

(3) Appoint a guardian for a ward or protected person for	354
whom a provisional order to transfer the proceeding from another	355
state has been issued under procedures similar to section 2112.31	356
of the Revised Code.	357

(B) If an application for the appointment of a guardian in an	358
emergency is brought in this state and this state was not the	359
respondent's home state on the date that the application was	360
filed, the probate court shall dismiss the proceeding at the	361
request of the court of the home state, if any, whether dismissal	362
is requested before or after the emergency appointment.	363

Sec. 2112.23.  Except as otherwise provided in section	364
2112.22 of the Revised Code, a probate court that has appointed a	365
guardian or issued a protective order consistent with this chapter	366
has exclusive and continuing jurisdiction over the proceeding	367
until it is terminated by the probate court or the appointment or	368
order expires by the appointment's or order's own terms.	369

Sec. 2112.24.  (A) A probate court of this state having	370
jurisdiction under section 2112.21 of the Revised Code to appoint	371
a guardian or issue a protective order may decline to exercise the	372
court's jurisdiction if the probate court determines at any time	373
that a court of another state is a more appropriate forum.	374

(B) If a probate court of this state declines to exercise the	375
court's jurisdiction under division (A) of this section, the	376
probate court shall either dismiss or stay the proceeding. The	377
probate court may impose any condition that the probate court	378
considers just and proper, including the condition that an	379
application for the appointment of a guardian or issuance of a	380
protective order be filed promptly in another state.	381

(C) In determining whether it is an appropriate forum, the	382
probate court shall consider all relevant factors, including, but	383
not limited to, the following:	384

(1) Any expressed preference of the respondent;

385

(2) Whether abuse, neglect, or exploitation of the respondent	386
has occurred or is likely to occur and which state could best	387
protect the respondent from the abuse, neglect, or exploitation;	388

(3) The length of time the respondent was physically present	389
in or was a legal resident of this or another state;	390

(4) The distance of the respondent from the court in each	391
state;	392

(5) The financial circumstances of the respondent's estate;

393

(6) The nature and location of the evidence;

394

(7) The ability of the court in each state to decide the	395
issue expeditiously and the procedures necessary to present	396
evidence;	397

(8) The familiarity of the court of each state with the facts	398
and issues in the proceeding;	399

(9) The probate court's ability, if an appointment were made,	400
to monitor the conduct of the guardian;	401

(10) Any other factors that the probate court considers	402
relevant.	403

Sec. 2112.25.  (A) If at any time a probate court of this	404
state determines that the probate court has acquired jurisdiction	405
to appoint a guardian or issue a protective order because of	406
unjustifiable conduct, the probate court may do any of the	407
following:	408

(1) Decline to exercise jurisdiction;

409

(2) Exercise jurisdiction for the limited purpose of	410
fashioning an appropriate remedy to ensure the health, safety, and	411
welfare of the respondent or the protection of the respondent's	412
property or to prevent a repetition of the unjustifiable conduct,	413
including staying the proceeding until an application for the	414
appointment of a guardian or issuance of a protective order is	415
filed in a court of another state having jurisdiction;	416

(3) Continue to exercise jurisdiction after considering all	417
of the following:	418

(a) The extent to which the respondent and all persons	419
required to be notified of the proceedings have acquiesced in the	420
exercise of the probate court's jurisdiction;	421

(b) Whether the probate court is a more appropriate forum	422
than the court of any other state under the factors set forth in	423
division (C) of section 2112.24 of the Revised Code;	424

(c) Whether the court of any other state would have	425
jurisdiction under factual circumstances in substantial conformity	426
with the jurisdictional standards of section 2112.21 of the	427
Revised Code.	428

(B) If a probate court of this state determines that the	429
probate court has acquired jurisdiction to appoint a guardian or	430
issue a protective order because a party seeking to invoke the	431
court's jurisdiction engaged in unjustifiable conduct, the probate	432
court may assess against that party necessary and reasonable	433
expenses, including, but not limited to, attorney's fees,	434
investigative fees, court costs, communication expenses, witness	435
fees and expenses, and travel expenses. Except as otherwise	436
provided by any provision of the Revised Code, the probate court	437
may not assess fees, costs, or expenses of any kind against this	438
state or a governmental subdivision, agency, or instrumentality of	439
this state.	440

(C) As used in this section, "unjustifiable conduct"	441
includes, but is not limited to, conduct by a person that attempts	442
to create jurisdiction in this state by removing the adult from	443
the adult's home state, secreting the adult, retaining the adult,	444
or restraining or otherwise preventing the adult from returning to	445
the adult's home state in order to prevent or deprive a court of	446
the adult's home state from taking jurisdiction.	447

Sec. 2112.26.  If an application for the appointment of a	448
guardian or issuance of a protective order is brought in this	449
state and this state was not the respondent's home state on the	450
date that the application was filed, in addition to complying with	451
the notice requirements of this state, the applicant shall give	452
notice of the application to those persons who would be entitled	453
to notice of the application if a proceeding were brought in the	454
respondent's home state. The notice must be given in the same	455
manner as notice is required to be given in this state.	456

Sec. 2112.27.  Except for an application for the appointment	457
of a guardian in an emergency or issuance of a protective order,	458
if an application for the appointment of a guardian or issuance of	459
a protective order is filed in this state and in another state and	460
neither application has been dismissed or withdrawn, the following	461
rules apply:	462

(A) If the probate court in this state has jurisdiction under	463
section 2112.21 of the Revised Code, the probate court may proceed	464
with the case unless a court in another state acquires	465
jurisdiction under provisions similar to section 2112.21 of the	466
Revised Code before the appointment or issuance of the order.	467

(B) If the probate court in this state does not have	468
jurisdiction under section 2112.21 of the Revised Code, whether at	469
the time the application is filed or at any time before the	470
appointment or issuance of the order, the probate court shall stay	471
the proceeding and communicate with the court in the other state.	472
If the court in the other state has jurisdiction, the probate	473
court in this state shall dismiss the application unless the court	474
in the other state determines that the probate court in this state	475
is a more appropriate forum.	476

Sec. 2112.31.  (A) A guardian appointed in this state may	477
petition the probate court to transfer the guardianship to another	478
state.	479

(B) Notice of a petition under division (A) of this section	480
must be given by the guardian to the persons that would be	481
entitled to notice of an application in this state for the	482
appointment of a guardian.	483

(C) On the probate court's own motion or on request of the	484
guardian, ward, protected person, or other person required to be	485
notified of the petition, the probate court shall hold a hearing	486
on a petition filed pursuant to division (A) of this section.	487

(D) The probate court shall issue a provisional order	488
granting a petition to transfer a guardianship of the person and	489
shall direct the guardian to petition for guardianship in the	490
other state if the probate court is satisfied that the	491
guardianship will be accepted by the court in the other state, and	492
the probate court finds all of the following:	493

(1) The ward is physically present in or is reasonably	494
expected to move permanently to the other state.	495

(2) An objection to the transfer has not been made, or, if an	496
objection has been made, the objector has not established that the	497
transfer would be contrary to the interests of the ward.	498

(3) Plans for care and services for the ward in the other	499
state are reasonable and sufficient.	500

(E) The probate court shall issue a provisional order	501
granting a petition to transfer a guardianship of the estate and	502
shall direct the guardian to petition for a guardianship of the	503
estate in the other state if the probate court is satisfied that	504
the guardianship of the estate will be accepted by the court of	505
the other state, and the probate court finds all of the following:	506

(1) The ward is physically present in or is reasonably	507
expected to move permanently to the other state, or the ward has a	508
significant connection to the other state and meets the	509
requirements of division (A)(2) of section 2112.21 of the Revised	510
Code.	511

(2) An objection to the transfer has not been made, or, if an	512
objection has been made, the objector has not established that the	513
transfer would be contrary to the interests of the protected	514
person.	515

(3) Adequate arrangements will be made for management of the	516
ward's property.	517

(F) The probate court shall issue a final order confirming	518
the transfer and terminating the guardianship upon the probate	519
court's receipt of both of the following:	520

(1) A provisional order accepting the proceeding from the	521
court to which the proceeding is to be transferred and that is	522
issued under provisions similar to section 2112.32 of the Revised	523
Code;	524

(2) The documents required to terminate a guardianship in	525
this state.	526

(G) In determining whether a respondent has a significant	527
connection with a particular state for purposes of this section,	528
the probate court may consider any of the following:	529

(1) The location of the respondent's family and other persons	530
required to be notified of the guardianship or protective	531
proceeding;	532

(2) The length of time the respondent at any time was	533
physically present in the state and the duration of any absence;	534

(3) The location of the respondent's property;

535

(4) The extent to which the respondent has ties to the state,	536
including, but not limited to, voting registration, state or local	537
tax return filing, vehicle registration, driver's license, social	538
relationships, and receipt of services.	539

Sec. 2112.32.  (A) To confirm transfer of a guardianship	540
transferred to this state under provisions similar to section	541
2112.31 of the Revised Code, the guardian shall petition the	542
probate court in this state to accept the guardianship of the	543
person, guardianship of the estate, or both. The petition must	544
include a certified copy of the other state's provisional order of	545
transfer.	546

(B) Notice of a petition under division (A) of this section	547
must be given by the guardian to those persons that would be	548
entitled to notice if the petition were an application for the	549
appointment of a guardian or issuance of a protective order in	550
both the transferring state and this state. The notice must be	551
given in the same manner as notice is required to be given in this	552
state.	553

(C) On the probate court's own motion or on the request of	554
the guardian, ward, protected person, or other person required to	555
be notified of the proceeding, the probate court shall hold a	556
hearing on a petition filed pursuant to division (A) of this	557
section.	558

(D) The probate court shall issue a provisional order	559
granting a petition filed under division (A) of this section	560
unless either of the following applies:	561

(1) An objection is made, and the objector establishes that	562
transfer of the proceeding would be contrary to the interests of	563
the ward or protected person.	564

(2) The guardian is ineligible for appointment in this state.

565

(E) The probate court shall issue a final order accepting the	566
proceeding and appointing the guardian as a guardian in this state	567
upon the probate court's receipt from the court from which the	568
proceeding is being transferred of a final order transferring the	569
proceedings to this state issued under provisions similar to	570
section 2112.31 of the Revised Code.	571

(F) In granting a petition under this section, the probate	572
court shall recognize a guardianship order from the other state,	573
including the determination of the incompetence of the ward and	574
the appointment of the guardian. Nothing in this section shall	575
limit the probate court's authority under Chapter 2111. of the	576
Revised Code.	577

(G) The denial by a probate court of this state of a petition	578
to accept a guardianship transferred from another state does not	579
affect the ability of the guardian to seek appointment as a	580
guardian in this state under section 2111.02 of the Revised Code	581
if the probate court has jurisdiction to make an appointment other	582
than by reason of the provisional order of transfer.	583

Sec. 2112.41.  If a guardian has been appointed in another	584
state and an application for the appointment of a guardian of the	585
person is not pending in this state, the guardian appointed in the	586
other state, after giving notice to the appointing court of an	587
intent to register, may register the guardianship order in this	588
state by filing as a foreign judgment in a probate court, in any	589
appropriate county of this state, certified copies of the order	590
and letters of office.	591

Sec. 2112.42.  If a guardian of the estate has been appointed	592
in another state and an application for the appointment of a	593
guardian of the estate is not pending in this state, the guardian	594
of the estate appointed in the other state, after giving notice to	595
the appointing court of an intent to register, may register a	596
protective order or guardianship in this state by filing as a	597
foreign judgment in a probate court of this state, in any county	598
in which property belonging to the ward or protected person is	599
located, certified copies of the order and letters of office and	600
of any bond.	601

Sec. 2112.43.  (A) Upon the registration of a guardianship or	602
protective order from another state, the guardian may exercise in	603
this state all powers authorized in the order of appointment	604
except as prohibited under the laws of this state, including	605
maintaining actions and proceedings in this state and, if the	606
guardian is not a resident of this state, subject to any	607
conditions imposed upon nonresident parties.	608

(B) A probate court of this state may grant any relief	609
available under the Revised Code to enforce a registered order.	610

Section 2.  That existing section 2111.02 and section 2111.41	611
of the Revised Code are hereby repealed.	612

Section 3.  Sections 2112.01, 2112.011, 2112.02, 2112.03,	613
2112.04, 2112.05, 2112.31, 2112.32, 2112.41, 2112.42, and 2112.43	614
of the Revised Code, as enacted by this act, apply to guardianship	615
and protective proceedings begun before the effective date of this	616
act, regardless of whether a guardianship or protective order has	617
been issued pursuant to those proceedings.	618