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Am. Sub. S. B. No. 157 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Carey, Faber, Goodman, Mason, Boccieri, Clancy, Fedor, Harris, Miller, R., Morano, Mumper, Niehaus, Padgett, Schuler, Spada, Wilson, Miller, D., Smith, Stivers
Representatives Blessing, Coley, Harwood, Okey, Flowers, Bacon, Batchelder, Beatty, Bolon, Book, Boyd, Brown, Budish, Celeste, Chandler, Collier, Combs, DeBose, DeGeeter, Distel, Domenick, Driehaus, Dyer, Fessler, Garrison, Goodwin, Hughes, Letson, Luckie, McGregor, J., Mecklenborg, Oelslager, Otterman, J., Patton, Raussen, Sayre, Schindel, Schneider, Setzer, Skindell, Stebelton, Strahorn, Williams, S., Yates, Yuko, Zehringer
A BILL
To amend sections 1337.09, 2109.21, 2111.02,
2111.121, 2307.14, 5305.22, 5711.05, 5711.07,
5907.06, and 5907.09 of the Revised Code to
specifically authorize a person to designate a
guardian for the person's incompetent adult child and
to make corrections regarding incompetent and
mentally ill persons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1337.09, 2109.21, 2111.02, 2111.121,
2307.14, 5305.22, 5711.05, 5711.07, 5907.06, and 5907.09 of the
Revised Code be amended to read as follows:
Sec. 1337.09. (A) Whenever a principal designates another
as
attorney in fact by a power of attorney in writing and the
writing
contains the words "This power of attorney shall not be
affected
by disability of the principal," "this power of attorney
shall not
be affected by disability of the principal or lapse of
time," or
words of similar import, the authority of the attorney
in fact is
exercisable by the attorney in fact as provided
in the written
instrument notwithstanding the later disability, incapacity, or
adjudged incompetency of the principal and, unless it states a
time of termination, notwithstanding the lapse of time since the
execution of the instrument.
(B) Whenever a principal designates another the principal's
attorney in fact by a power of attorney in writing and the writing
expressly states that the power of attorney shall become
effective
at a later time or upon the occurrence of a specified
event,
including, but not limited to, the disability, incapacity,
or
adjudged incompetency of the principal, the attorney in fact
may
exercise the authority provided to the attorney in fact
in the
written
instrument at the later time or upon the occurrence of the
specified event notwithstanding the later disability, incapacity,
or adjudged incompetency of the principal and, unless the
instrument states a time of termination, notwithstanding the
lapse
of time since its execution.
(C) All acts done by an attorney in fact pursuant to an
instrument as described in division (A) or (B) of this section
during any period of disability, incapacity, or adjudged
incompetency of the principal shall have the same effect and
inure
to the benefit of and bind the principal or the principal's heirs,
devisees, and personal representatives as if the principal were
competent and not disabled or incapacitated. If a guardian
thereafter is appointed for the principal and the guardian is not
the attorney in fact, the attorney in fact, during the
continuance
of the appointment, shall account to the guardian
rather than the
principal. The guardian has the same power the
principal would
have had if not incompetent, to revoke all or any
part of the
power and authority of the attorney in fact.
(D) In a durable power of attorney as described in
division
(A) or (B) of this section, a principal may nominate the
attorney
in fact or any other person to be the guardian of the
principal's
person, estate, or both
and may nominate the attorney in fact or
any other person to be the
guardian of the person, the estate, or
both of one or more of the
principal's minor or incompetent adult
children, whether born at the time of the execution of the
durable
power of attorney or afterward. The nomination is for
consideration by
a court if proceedings for the appointment of a
guardian for the
principal's person, estate, or both or if
proceedings for the appointment
of a guardian of the person, the
estate, or both of
one or more of the principal's minor or
incompetent adult children are commenced at a later
time. The
principal may authorize in a power of attorney of
that nature the
person nominated as guardian or
the attorney in fact to nominate a
successor guardian for
consideration by a court.
The principal may direct, in a power of attorney of that
nature, that
bond be waived for a person nominated as guardian in
it or
nominated as a successor guardian in accordance with an
authorization in it.
Nomination of a person as a guardian or successor guardian
of
the person, the estate, or both of one or more of the principal's
minor or incompetent adult
children under this division, and any
subsequent appointment of the guardian or successor guardian
as
guardian under section
2111.02 of the Revised
Code, does not
vacate the jurisdiction of any
other court that previously may
have exercised jurisdiction over the person of
the minor or
incompetent adult child.
The durable power of attorney as described in division (A) or
(B) of this section that contains the nomination of a person to be
the
guardian of the person, the estate, or both of one or more of
the principal's
minor or incompetent adult children under this
division may be filed with the probate court for
safekeeping, and
the probate court shall designate the nomination as the
nomination
of a standby guardian.
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) 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 an individual who is related to the maker of
the will by consanguinity or affinity, or 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 maker of a will
by consanguinity or affinity, as an executor or trustee when
named
in, or nominated pursuant to, a will. No such executor or
trustee
shall be refused appointment or removed solely because the
executor or trustee is not a resident of this state.
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.
(2) 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 an individual
who is related to the maker of the will by consanguinity or
affinity, or 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 maker of a will 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. If a person who is not a
resident
of this state and who is named or nominated as described
in this
division 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.
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 this division, 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.
(C) A guardian shall be a resident of the county, except
that
the court may appoint a nonresident of the county who is a
resident of this state as guardian of the person, the estate, or
both; that a nonresident of the county or of this state may be
appointed a guardian, if named in a will by a parent of a minor
or
if selected by a minor over the age of fourteen years as
provided
by section 2111.12 of the Revised Code; and that a
nonresident of
the county or of this state may be appointed a
guardian if
nominated in or pursuant to a durable power of
attorney as
described in division (D) of section 1337.09 of the
Revised Code
or a writing as described in division (A) of section
2111.121 of
the Revised Code; and that a nonresident of the county
or of this
state may be appointed as a guardian if the nonresident was
nominated as a guardian in or pursuant to a durable power of
attorney as
described in division (D) of section 1337.09 of the
Revised Code or a writing
described in division (A) of section
2111.121 of the Revised Code. A guardian,
other than a guardian
named in a will by a parent of a minor, selected by a
minor over
the age of fourteen years, or nominated in or pursuant to such a
durable power of attorney or writing, may be removed on proof
that
the guardian is no longer a resident of the county or state in
which
the guardian resided
at the time of the guardian's
appointment, and shall be
removed on proof
that the guardian is no
longer a resident of this state.
(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.
Sec. 2111.02. (A) When found necessary, the 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, 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 and, except in the case of a minor, has
had the
opportunity to have the assistance of counsel in the
proceeding
for the appointment of such guardian. An interested
party
includes, but is not limited to, a person nominated in a
durable
power of attorney as described in division (D) of section
1337.09
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 is an agency
under
contract with the department of mental retardation and
developmental disabilities for the provision of protective
services under sections 5123.55 to 5123.59 of the Revised Code,
the guardian of an incompetent, by virtue of such appointment,
shall be the guardian of the minor children of the guardian's
ward,
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 such 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 an incompetent or minor, 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 minor for whom a limited guardian has been
appointed retains all of the incompetent's or minor'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 hearing, the
court may extend an interim
guardianship for a specified period,
but not to exceed an
additional thirty days.
(3) If a minor or incompetent has not been placed under a
guardianship pursuant to division (A) of this section and if an
emergency exists, and if it is reasonably certain that immediate
action is required to prevent significant injury to the person or
estate of the minor or incompetent, 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, 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 as soon as possible after
its
issuance. Failure to serve such an 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. If the court acts ex parte or without notice to
the minor or incompetent, 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
and
interested parties, and after 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
guardian, including the filing of
timely and accurate reports and
accountings;
(2) If the hearing is conducted by a referee, 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, the burden of
proving
incompetency shall be by clear and convincing evidence;
(4) Upon request of the applicant, the alleged incompetent
for whom the appointment is sought or the alleged incompetent'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, the alleged
incompetent has all of the following rights:
(a) The right to be represented by independent counsel of
his
choice;
(b) The right to have a friend or family member of his
choice
present;
(c) The right to have evidence of an independent expert
evaluation introduced;
(d) If the alleged incompetent is indigent, upon his 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) When a
person has been nominated to be a guardian of
the estate of a minor in
or
pursuant to a durable power of
attorney as described in division (D)
of section
1337.09 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 section 1337.09 or 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. 2111.121. (A) A person may nominate in a writing, as
described in this division, another person to be the guardian of
the nominator's person, estate, or both
or the guardian of the
person, the estate, or both, of one or
more of the nominator's
minor or incompetent adult children, whether born at the time of
the
execution of the writing or afterward, subject to notice and a
hearing pursuant to section 2111.02 of the Revised Code. The
nomination is
for consideration
by a court if proceedings for the
appointment of a guardian of
the person, the estate, or both, for
the person making the
nomination or if proceedings for the
appointment of a guardian as
the guardian of the person, the
estate, or both of one or more of the
nominator's minor or
incompetent adult children
are commenced at a later time. The
person may
authorize, in a writing of that nature, the person
nominated as guardian to
nominate a successor guardian for
consideration by a court. The
person
also may direct, in a writing
of that nature, that bond be
waived for a
person nominated as
guardian
in it or nominated as a successor
guardian in
accordance
with an authorization in it.
To be effective as a nomination, the writing shall be
signed
by the person making the nomination in the presence of two
witnesses; signed by the witnesses; contain, immediately prior to
their signatures, an attestation of the witnesses that the person
making the nomination signed the writing in their presence; and
be
acknowledged by the person making the nomination before a
notary
public.
(B) If a person has nominated, in a writing as described
in
division (A) of this section or in a durable power of attorney
as
described in division (D) of section 1337.09 of the Revised
Code,
another person to be the guardian of the nominator's
person,
estate, or
both, and proceedings for the appointment of a guardian
for the
person
are commenced at a later time, the court involved
shall appoint
the person nominated as guardian in the writing or
durable power
of attorney most recently executed if the person
nominated is
competent, suitable, and willing to accept the
appointment. If
the writing or durable power of attorney contains
a waiver of
bond, the court shall waive bond of the person
nominated as
guardian unless it is of the opinion that the
interest of the
trust demands it.
(C) Nomination of a person as a guardian or successor
guardian of the person, the estate, or both of one or more of the
nominator's
minor or incompetent adult children
under division (A)
of this section, and any subsequent appointment of
the guardian or
successor guardian as
guardian under section 2111.02 of the
Revised
Code, does not vacate the jurisdiction of any
other court
that previously may have exercised jurisdiction over the person of
the minor or incompetent adult child.
(D) The writing containing the nomination of a person to be
the
guardian of the person, the estate, or both of one or more of
the nominator's
minor or incompetent adult children under division
(A) of this section may be filed with
the probate court for
safekeeping, and the probate court shall designate the
nomination
as the nomination of a standby guardian.
Sec. 2307.14. As used in this section, "incompetent person"
means a person who is so mentally impaired as a result of a mental
or physical illness or disability, or mental retardation, 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.
The court shall require a guardian ad litem, or a trustee
appointed under section 2307.13 or 2307.131 of the Revised Code,
faithfully to
discharge the guardian ad litem's or trustee's duty,
and
upon failure to do so, may remove the guardian ad
litem or
trustee, and appoint another. The court may fix a compensation
for
the guardian ad litem's or trustee's services, which
shall be
taxed in the costs against the minor, the incompetent person, or
the
unborn persons.
Sec. 5305.22. (A) Any real estate or interest therein in
real estate coming to a person by
purchase, inheritance, or
otherwise, after the spouse of such the person is
adjudged an
incompetent a mentally ill person subject to hospitalization by
court order and admitted to either a hospital for persons with
mental illness in this
or any other state of the United States or
the psychiatric department of any hospital of the United
States,
may be conveyed by such the person while such the person's spouse
who is an incompetent a mentally ill person subject to
hospitalization by court order remains a patient thereof of that
hospital, free and clear from any dower right or expectancy of
such the person's
spouse who is an incompetent a mentally ill
person subject to hospitalization by court order. Dower shall not
attach to any real estate so acquired and
conveyed during the time
described in this section in favor of such
spouse who is an
incompetent a mentally ill person subject to hospitalization by
court order. The indorsement upon the instrument of conveyance, by
the
superintendent of the hospital to which the spouse was
admitted, that such the spouse of the person conveying the real
estate is an incompetent a mentally ill person thereof subject to
hospitalization by court order who has been admitted to that
hospital,
stating when received therein in that hospital and
signed officially by the
superintendent, shall be sufficient
evidence of the fact that such the spouse of the person conveying
the real estate is such incompetent a mentally ill person subject
to hospitalization by court order. This indorsement shall
be a
part of the instrument of conveyance.
(B) As used in this section, "mentally ill person subject to
hospitalization by court order" has the same meaning as in section
5122.01 of the Revised Code.
Sec. 5711.05. As used in this section and, "legal
disability" has the same meaning as in section 5711.07 2131.02 of
the Revised Code, "incompetent person" means a person who is so
mentally impaired as a result of a mental or physical illness or
disability, or mental retardation, 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.
Each person shall return all the taxable
property of which
the person is the owner, except property
required by
this section
or the regulations of the tax commissioner to be
returned for the
person by a fiduciary; but this section
does not
authorize any
person to omit from the person's return of
taxable property
the
person's interest in investments and other taxable
intangible
property
yielding income owned or held for the person's benefit by
a
fiduciary and
not taxed at the source, or other taxable property
so owned or
held by a nonresident fiduciary. The return of all the
taxable
property of a corporation shall be made by the president,
a
vice-president, or the secretary and by the principal accounting
officer, that of a partnership, by a partner, and that of an
association, by the managing agent in this state.
All taxable property belonging to the persons named or
indicated shall be returned by the fiduciaries named, as follows:
(A) That of a ward, by the ward's guardian;
(B) That of a minor or an incompetent person under a legal
disability having
no guardian, by the minor's or incompetent
person's
father, if living, if not, by the minor's or incompetent
person's mother, if
living, and if neither father nor mother is
living, by the person
having such property in charge;
(C) That of an estate of a deceased person, by the deceased
person's
executor, administrator, or personal representative;
(D) That of persons whose assets are in the hands of
receivers, assignees for the benefit of creditors, trustees in
bankruptcy, or official custodians, by such receivers, assignees,
trustees in bankruptcy, or official custodians.
Personal property used in business and taxable property of
a
nonresident used in and arising out of a business transacted
for
the nonresident or on the
nonresident's behalf in any of the cases
mentioned in section
5709.03 of the Revised Code, in the
possession or custody of any
agent, factor, bailee, or other
similar fiduciary, shall be
returned by such fiduciary, except as
is provided by regulation
of the commissioner; but as to such
property in the possession,
custody, or legal ownership of a
trustee the next succeeding
paragraph of this section shall be
exclusive; provided that a
warehouseperson shall not be required
to return for
taxation
personal property consigned to the
warehouseperson for the sole purpose
of being stored or forwarded,
if such
warehouseperson has no
interest in such property other
than a
warehouseperson's lien, or
any profit to be derived from
its sale.
All the taxable property, except investments and other
taxable intangible property yielding income, of a person for
whose
benefit property is held in trust shall be returned by the
trustee, and if any beneficiary of such a trust is a minor or an
incompetent person under a legal disability residing in this
state, and for whom
there is no other fiduciary in this state, the
commissioner may
require such a trustee to return also the
investments and other
taxable intangible property yielding income
held for the benefit
of any such beneficiary and not taxed at the
source.
All returns made as fiduciaries' returns shall be separate
from the fiduciary's return as an individual, firm, association,
or corporation and shall set forth the names of all persons
toward
whom the relation of fiduciary is borne or on whose behalf
the
returns are made, together with the capacity in which the
fiduciary so acts for each of such persons.
The commissioner may adopt and promulgate regulations
covering the making of returns not inconsistent with this section
or sections 5711.01 to 5711.36 of the Revised Code,
so that all
property taxable in this state shall be returned for
taxation.
Sec. 5711.07. Personal property used in business shall be
listed and assessed in the taxing district in which such business
is carried on. If such business is carried on in more than one
taxing district in the same county, the return shall set forth
the
amount of the property used therein which is situated in each
taxing district in such county, and the value of all the personal
property used in business shall be apportioned to and assessed in
each of such taxing districts in proportion to the value of the
personal property situated therein. Domestic animals not used in
business shall be listed and assessed in the taxing district
where
kept. Ships, vessels, boats, and aircraft, and shares and
interests therein, shall be listed and assessed in the taxing
district in which the owner resides. All other taxable property
shall be listed and assessed in the municipal corporation in
which
the owner resides, or, if the owner resides outside a
municipal
corporation, then in the county in which the owner
resides
except
as provided in sections 5711.01 to 5711.36, inclusive, of
the
Revised Code. Whenever, under such sections, taxable
property
required by this section to be listed and assessed in
the taxing
district or county in which the owner resides is
required to be
listed by a fiduciary, such property shall be
listed and assessed
by such fiduciary in the taxing district or
county in which such
fiduciary resides, or, in the case of joint
fiduciaries, in which
either such fiduciary resides; but such
property belonging to the
estate of a deceased resident of this
state shall be listed and
assessed in the taxing district or
county in which the deceased
resident resided at the time of
death, regardless
of the residence
of the deceased resident's executors,
administrators, or personal
representatives, and such property belonging to a ward, minor,
incompetent person, or beneficiary of a trust residing in this
state,
title, custody, or possession of which is vested in a
nonresident
fiduciary, shall be listed and assessed in the taxing
district or
county in which such ward, minor, incompetent person,
or beneficiary
resides.
As used in this section, "incompetent person" means a person
who is so mentally impaired as a result of a mental or physical
illness or disability, or mental retardation, 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.
Sec. 5907.06. (A) A mentally ill person with a mental
illness that subject to hospitalization by court order whose
mental condition causes the person to be dangerous to the
community shall not be admitted to
a veterans'
home. In case If
a
mentally ill person with such a mental illness subject to
hospitalization by court order, through
misrepresentation as to
the
person's condition, is
sent to
a home,
the person shall be
returned to, and the
expense
of the return shall be
borne by, the
county from which
the person came.
(B) As used in this section, "mentally ill person subject to
hospitalization by court order" has the same meaning as in section
5122.01 of the Revised Code.
Sec. 5907.09. (A) When the affidavit referred to in section
5907.08 of the
Revised
Code is filed, the probate judge shall
forthwith determine whether the competence of
the
resident is a
mentally ill person subject to hospitalization by court order.
Insofar as applicable, the laws governing in cases of admission
to
a state hospital for persons with mental illness shall apply. The
probate judge
shall have
the same authority, and may receive and
order paid the
same fees and costs, as
the probate judge would
have in the county
in which
the veteran was
a resident
at the time
of entering
the
veterans' home.
(B) As used in this section, "mentally ill person subject to
hospitalization by court order" has the same meaning as in section
5122.01 of the Revised Code.
Section 2. That existing sections 1337.09, 2109.21, 2111.02,
2111.121, 2307.14, 5305.22, 5711.05, 5711.07, 5907.06, and 5907.09
of the Revised Code are hereby repealed.
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