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Sub. H. B. No. 27 As Enrolled
(129th General Assembly)
(Substitute House Bill Number 27)
AN ACT
To amend sections 2111.01 and 2111.02, to enact
sections 2111.022, 2112.01, 2112.011, 2112.02,
2112.03, 2112.04, 2112.05, 2112.21, 2112.22,
2112.23, 2112.24, 2112.25, 2112.26, 2112.27,
2112.31, 2112.32, 2112.41, 2112.42, and 2112.43,
and to repeal section 2111.41 of the Revised Code
to adopt the Adult Guardianship and Protective
Proceedings Jurisdiction Act.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2111.01 and 2111.02 be amended and
sections 2111.022, 2112.01, 2112.011, 2112.02, 2112.03, 2112.04,
2112.05, 2112.21, 2112.22, 2112.23, 2112.24, 2112.25, 2112.26,
2112.27, 2112.31, 2112.32, 2112.41, 2112.42, and 2112.43 of the
Revised Code be enacted to read as follows:
Sec. 2111.01. As used in Chapters 2101. to 2131. of the
Revised Code:
(A) "Guardian," other than a guardian under sections 5905.01
to 5905.19 of the Revised Code, means any person, association, or
corporation appointed by the probate court to have the care and
management of the person, the estate, or both of an incompetent or
minor. When applicable, "guardian" includes, but is not limited
to, a limited guardian, an interim guardian, a standby guardian,
and an emergency guardian appointed pursuant to division (B) of
section 2111.02 of the Revised Code. "Guardian" also includes an
agency under contract with the department of developmental
disabilities for the provision of protective service under
sections 5123.55 to 5123.59 of the Revised Code when appointed by
the probate court to have the care and management of the person of
an incompetent.
(B) "Ward" means any person for whom a guardian is acting or
for whom the probate court is acting pursuant to section 2111.50
of the Revised Code.
(C) "Resident guardian" means a guardian appointed by a
probate court to have the care and management of property in this
state that belongs to a nonresident ward.
(D) "Incompetent" means any 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, or any person confined to a correctional
institution within this state.
(E) "Next of kin" means any person who would be entitled to
inherit from a ward under Chapter 2105. of the Revised Code if the
ward dies intestate.
(F) "Conservator" means a conservator appointed by the
probate court in an order of conservatorship issued pursuant to
section 2111.021 of the Revised Code.
(G) "Parent" means a natural parent or adoptive parent of a
minor child whose parental rights and responsibilities have not
been terminated by a juvenile court or another court.
(H) "Financial harm" means impairment of an individual's
financial assets by unlawfully obtaining or exerting control over
the individual's real or personal property in any of the following
ways:
(1) Without the consent of the individual or the person
authorized to give consent on the individual's behalf;
(2) Beyond the scope of the express or implied consent of the
individual or the person authorized to give consent on the
individual's behalf;
(3) By deception;
(4) By threat;
(5) By intimidation;
(6) By fraud;
(7) By undue influence.
Sec. 2111.02. (A) If found necessary, the a 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. If the person for whom the guardian is to be appointed is an
adult, the person must be a qualified respondent as described in
section 2112.21 of the Revised Code and have the opportunity to
have the assistance of counsel in the proceeding for the
appointment of that guardian. An interested party includes, but is
not limited to, a person nominated in a durable power of attorney
under section 1337.24 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 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
the appointment as guardian, 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 those 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 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 that 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 magistrate, 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 the
alleged incompetent's choice;
(b) The right to have a friend or family member of the
alleged incompetent's choice present;
(c) The right to have evidence of an independent expert
evaluation introduced;
(d) If the alleged incompetent is indigent, upon the alleged
incompetent's 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) If a person has been nominated to be a guardian of the
estate of a minor in or pursuant to a durable power of attorney
under section 1337.24 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 a durable power of attorney under section
1337.24 or pursuant to section 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. 2111.022. (A) A probate court, on its own motion or on
application of an interested party, may issue an emergency ex
parte order freezing the financial assets of an individual whom
the court or applicant has reason to believe is missing or has
gone or been taken to another state if it is reasonably certain
that immediate action is required to prevent significant financial
harm to the individual. The order may freeze the individual's
assets for a period not exceeding seventy-two hours. If the
individual is located, a written copy of the order shall be served
upon the individual as soon as possible after its issuance. The
court, at its first opportunity, shall enter upon its journal a
record of the case and, with specificity, the reason for the
action. For good cause shown, after notice to the individual and
after a hearing, the court may extend the emergency order for a
specified period of not more than thirty additional days.
(B) The powers of the probate court under this section are in
addition to and not in derogation of any powers the court has
under division (B)(3) of section 2111.02 of the Revised Code.
Sec. 2112.01. As used in this chapter:
(A) "Adult" means an individual who is eighteen years of age
or older.
(B) "Guardian" has the same meaning as in section 2111.01 of
the Revised Code.
(C) "Guardian of the person" means a person appointed by the
court to make decisions regarding the support, care, education,
health, and welfare of a ward. "Guardian of the person" does not
include a guardian ad litem.
(D) "Guardian of the estate" means a person appointed by the
court to administer the estate of a ward.
(E) "Ward" means any adult who has been adjudicated
incompetent and for whom a guardian is acting or for whom the
probate court is acting pursuant to section 2111.50 of the Revised
Code.
(F) "Emergency" means a circumstance that makes it reasonably
certain that immediate action is required to prevent significant
injury to a respondent's health, safety, welfare, or property and
for which the appointment of a guardian or issuance of a
protective order is necessary because no other person has
authority and is willing to act on the respondent's behalf.
(G) "Guardianship order" means an order appointing a
guardian.
(H) "Guardianship proceeding" means a judicial proceeding in
which an order for the appointment of a guardian is sought or has
been issued.
(I) "Home state" means the state in which the respondent was
physically present, including any period of temporary absence, for
at least six consecutive months immediately before the filing of
an application for appointment of a guardian or the issuance of a
protective order or, if none, the state in which the respondent
was physically present, including any period of temporary absence,
for at least six consecutive months ending within the six months
prior to the filing of the application.
(J) "Party" means the respondent, applicant, guardian, or
other person allowed by the court to participate in a guardianship
or protective proceeding.
(K) "Person," except in the terms guardian of the person and
protected person, means an individual, parent, corporation,
business trust, estate, trust, partnership, limited liability
company, association, joint venture, government, governmental
agency or instrumentality, public corporation, or other legal or
commercial entity.
(L) "Protected person" means an adult for whom a protective
order has been issued.
(M) "Protective order" means an order appointing a guardian
or other order under division (B)(3) of section 2111.02 of the
Revised Code related to the management of an adult's person,
property, or both or an order under section 2111.022 of the
Revised Code related to the management of an individual's
property.
(N) "Protective proceeding" means a judicial proceeding in
which a protective order is sought or has been issued.
(O) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.
(P) "Respondent" means an adult for whom a protective order
or the appointment of a guardian is sought.
(Q) "Significant-connection state" means a state, other than
the home state, with which a respondent has a significant
connection other than mere physical presence and in which
substantial evidence concerning the respondent is available.
(R) "Incompetent" has the same meaning as in section 2111.01
of the Revised Code.
(S) "State" means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States. "State" includes an Indian tribe or band that is
recognized by federal law or formally acknowledged by a state.
Sec. 2112.011. Chapter 2112. of the Revised Code may be
cited as the Adult Guardianship and Protective Proceedings
Jurisdiction Act.
Sec. 2112.02. A probate court of this state may treat a
foreign country as if it were a state for the purpose of applying
this chapter.
Sec. 2112.03. (A) A probate court of this state may
communicate with a court in another state concerning a proceeding
arising under this chapter. The probate court may allow the
parties to participate in the communication. Except as otherwise
provided in division (B) of this section, the probate court shall
make a record of the communication. The record may be limited to
the fact that the communication occurred.
(B) Probate courts may communicate concerning schedules,
calendars, court records, and other administrative matters without
making a record.
Sec. 2112.04. (A) In a guardianship or protective proceeding
in this state, a probate court of this state may request the
appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing;
(2) Order a person in that state to produce evidence or give
testimony pursuant to the procedures of that state;
(3) Order that an evaluation or assessment be made of the
respondent;
(4) Order any appropriate investigation of a person involved
in the proceeding;
(5) Forward to the probate court of this state a certified
copy of the transcript or other record of a hearing under division
(A)(1) of this section or any other proceeding, any evidence
otherwise produced under division (A)(2) of this section, and any
evaluation or assessment prepared in compliance with an order
under division (A)(3) or (4) of this section;
(6) Issue any order necessary to assure the appearance in the
proceeding of a person whose presence is necessary for the probate
court to make a determination, including the respondent, ward, or
a protected person;
(7) Issue an order authorizing the release of medical,
financial, criminal, or other relevant information in that state,
including protected health information as authorized in 45 C.F.R.
164.504, as amended.
(B) If a court of another state in which a guardianship or
protective proceeding is pending requests assistance of the kind
provided in division (A) of this section, a probate court of this
state has jurisdiction for the limited purpose of granting the
request or making reasonable efforts to comply with the request. A
probate court of this state may require an advance deposit for
costs in an amount sufficient to obtain or provide the requested
assistance.
Sec. 2112.05. (A) In a guardianship proceeding or protective
proceeding, in addition to other procedures that may be available,
the testimony of a witness who is located in another state may be
offered by deposition or other means allowable in this state for
testimony taken in another state. The probate court on the court's
own motion may order that the testimony of a witness be taken in
another state and may prescribe the manner in which and the terms
upon which the testimony is to be taken.
(B) In a guardianship or protective proceeding, a probate
court in this state may permit a witness located in another state
to be deposed or to testify by telephone, audiovisual, or other
electronic means. A probate court of this state shall cooperate
with the court of the other state in designating an appropriate
location for the deposition or testimony.
(C) Documentary evidence transmitted from another state to a
probate court of this state by technological means that do not
produce an original writing may not be excluded from evidence on
an objection based on the best evidence rule.
(D) A probate court of this state may adopt local rules of
practice that promote the use of any device or procedure to
facilitate the expeditious disposition of the cases.
Sec. 2112.21. (A) A probate court of this state has
jurisdiction to appoint a guardian or issue a protective order for
a respondent if any of the following applies:
(1) This state is the respondent's home state.
(2) On the date that the application is filed, this state is
a significant-connection state, and either of the following
applies:
(a) The respondent does not have a home state, or a court of
the respondent's home state has declined to exercise jurisdiction
because this state is a more appropriate forum.
(b) The respondent has a home state, a petition for an
appointment or order is not pending in a court of that state or
another significant-connection state, and before the probate court
makes the appointment or issues the order all of the following
apply:
(i) An application for an appointment or order is not filed
in the respondent's home state.
(ii) An objection to the probate court's jurisdiction is not
filed by a person required to be notified of the proceeding.
(iii) The probate court in this state concludes that the
probate court is an appropriate forum under the factors set forth
in section 2112.24 of the Revised Code.
(3) This state does not have jurisdiction under division (A)
or (B) of this section, the respondent's home state and all
significant-connection states have declined to exercise
jurisdiction because this state is the more appropriate forum, and
jurisdiction in this state is consistent with the constitutions of
this state and the United States.
(4) The requirements for special jurisdiction under section
2112.22 of the Revised Code are met.
(B) In determining whether a respondent has a significant
connection with a particular state for purposes of this section,
the probate court may consider any of the following:
(1) The location of the respondent's family and other persons
required to be notified of the guardianship or protective
proceeding;
(2) The length of time the respondent at any time was
physically present in the state and the duration of any absence;
(3) The location of the respondent's property;
(4) The extent to which the respondent has ties to the state,
including, but not limited to, voting registration, state or local
tax return filing, vehicle registration, driver's license, social
relationships, and receipt of services.
Sec. 2112.22. (A) A probate court of this state lacking
jurisdiction under section 2112.21 of the Revised Code has special
jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a respondent who
is physically present in this state;
(2) Issue a protective order in an emergency with respect to
the adult or to the real or tangible personal property located in
this state;
(3) Appoint a guardian for a ward or protected person for
whom a provisional order to transfer the proceeding from another
state has been issued under procedures similar to section 2112.31
of the Revised Code.
(B) If an application for the appointment of a guardian in an
emergency is brought in this state and this state was not the
respondent's home state on the date that the application was
filed, the probate court shall dismiss the proceeding at the
request of the court of the home state, if any, whether dismissal
is requested before or after the emergency appointment.
Sec. 2112.23. Except as otherwise provided in section
2112.22 of the Revised Code, a probate court that has appointed a
guardian or issued a protective order consistent with this chapter
has exclusive and continuing jurisdiction over the proceeding
until it is terminated by the probate court or the appointment or
order expires by the appointment's or order's own terms.
Sec. 2112.24. (A) A probate court of this state having
jurisdiction under section 2112.21 of the Revised Code to appoint
a guardian or issue a protective order may decline to exercise the
court's jurisdiction if the probate court determines at any time
that a court of another state is a more appropriate forum.
(B) If a probate court of this state declines to exercise the
court's jurisdiction under division (A) of this section, the
probate court shall either dismiss or stay the proceeding. The
probate court may impose any condition that the probate court
considers just and proper, including the condition that an
application for the appointment of a guardian or issuance of a
protective order be filed promptly in another state.
(C) In determining whether it is an appropriate forum, the
probate court shall consider all relevant factors, including, but
not limited to, the following:
(1) Any expressed preference of the respondent;
(2) Whether abuse, neglect, or exploitation of the respondent
has occurred or is likely to occur and which state could best
protect the respondent from the abuse, neglect, or exploitation;
(3) The length of time the respondent was physically present
in or was a legal resident of this or another state;
(4) The distance of the respondent from the court in each
state;
(5) The financial circumstances of the respondent's estate;
(6) The nature and location of the evidence;
(7) The ability of the court in each state to decide the
issue expeditiously and the procedures necessary to present
evidence;
(8) The familiarity of the court of each state with the facts
and issues in the proceeding;
(9) The probate court's ability, if an appointment were made,
to monitor the conduct of the guardian;
(10) Any other factors that the probate court considers
relevant.
Sec. 2112.25. (A) If at any time a probate court of this
state determines that the probate court has acquired jurisdiction
to appoint a guardian or issue a protective order because of
unjustifiable conduct, the probate court may do any of the
following:
(1) Decline to exercise jurisdiction;
(2) Exercise jurisdiction for the limited purpose of
fashioning an appropriate remedy to ensure the health, safety, and
welfare of the respondent or the protection of the respondent's
property or to prevent a repetition of the unjustifiable conduct,
including staying the proceeding until an application for the
appointment of a guardian or issuance of a protective order is
filed in a court of another state having jurisdiction;
(3) Continue to exercise jurisdiction after considering all
of the following:
(a) The extent to which the respondent and all persons
required to be notified of the proceedings have acquiesced in the
exercise of the probate court's jurisdiction;
(b) Whether the probate court is a more appropriate forum
than the court of any other state under the factors set forth in
division (C) of section 2112.24 of the Revised Code;
(c) Whether the court of any other state would have
jurisdiction under factual circumstances in substantial conformity
with the jurisdictional standards of section 2112.21 of the
Revised Code.
(B) If a probate court of this state determines that the
probate court has acquired jurisdiction to appoint a guardian or
issue a protective order because a party seeking to invoke the
court's jurisdiction engaged in unjustifiable conduct, the probate
court may assess against that party necessary and reasonable
expenses, including, but not limited to, attorney's fees,
investigative fees, court costs, communication expenses, witness
fees and expenses, and travel expenses. Except as otherwise
provided by any provision of the Revised Code, the probate court
may not assess fees, costs, or expenses of any kind against this
state or a governmental subdivision, agency, or instrumentality of
this state.
(C) As used in this section, "unjustifiable conduct"
includes, but is not limited to, conduct by a person that attempts
to create jurisdiction in this state by removing the adult from
the adult's home state, secreting the adult, retaining the adult,
or restraining or otherwise preventing the adult from returning to
the adult's home state in order to prevent or deprive a court of
the adult's home state from taking jurisdiction.
Sec. 2112.26. If an application for the appointment of a
guardian or issuance of a protective order is brought in this
state and this state was not the respondent's home state on the
date that the application was filed, in addition to complying with
the notice requirements of this state, the applicant shall give
notice of the application to those persons who would be entitled
to notice of the application if a proceeding were brought in the
respondent's home state. The notice must be given in the same
manner as notice is required to be given in this state.
Sec. 2112.27. Except for an application for the appointment
of a guardian in an emergency or issuance of a protective order in
an emergency, if an application for the appointment of a guardian
or issuance of a protective order is filed in this state and in
another state and neither application has been dismissed or
withdrawn, the following rules apply:
(A) If the probate court in this state has jurisdiction under
section 2112.21 of the Revised Code, the probate court may proceed
with the case unless a court in another state acquires
jurisdiction under provisions similar to section 2112.21 of the
Revised Code before the appointment or issuance of the order.
(B) If the probate court in this state does not have
jurisdiction under section 2112.21 of the Revised Code, whether at
the time the application is filed or at any time before the
appointment or issuance of the order, the probate court shall stay
the proceeding and communicate with the court in the other state.
If the court in the other state has jurisdiction, the probate
court in this state shall dismiss the application unless the court
in the other state determines that the probate court in this state
is a more appropriate forum.
Sec. 2112.31. (A) A guardian appointed in this state may
petition the probate court to transfer the guardianship to another
state.
(B) Notice of a petition under division (A) of this section
must be given by the guardian to the persons that would be
entitled to notice of an application in this state for the
appointment of a guardian.
(C) On the probate court's own motion or on request of the
guardian, ward, protected person, or other person required to be
notified of the petition, the probate court shall hold a hearing
on a petition filed pursuant to division (A) of this section.
(D) The probate court shall issue a provisional order
granting a petition to transfer a guardianship of the person and
shall direct the guardian to petition for guardianship in the
other state if the probate court is satisfied that the
guardianship will be accepted by the court in the other state, and
the probate court finds all of the following:
(1) The ward is physically present in or is reasonably
expected to move permanently to the other state.
(2) An objection to the transfer has not been made, or, if an
objection has been made, the objector has not established that the
transfer would be contrary to the interests of the ward.
(3) Plans for care and services for the ward in the other
state are reasonable and sufficient.
(E) The probate court shall issue a provisional order
granting a petition to transfer a guardianship of the estate and
shall direct the guardian to petition for a guardianship of the
estate in the other state if the probate court is satisfied that
the guardianship of the estate will be accepted by the court of
the other state, and the probate court finds all of the following:
(1) The ward is physically present in or is reasonably
expected to move permanently to the other state, or the ward has a
significant connection to the other state and meets the
requirements of division (A)(2) of section 2112.21 of the Revised
Code.
(2) An objection to the transfer has not been made, or, if an
objection has been made, the objector has not established that the
transfer would be contrary to the interests of the protected
person.
(3) Adequate arrangements will be made for management of the
ward's property.
(F) The probate court shall issue a final order confirming
the transfer and terminating the guardianship upon the probate
court's receipt of both of the following:
(1) A provisional order accepting the proceeding from the
court to which the proceeding is to be transferred and that is
issued under provisions similar to section 2112.32 of the Revised
Code;
(2) The documents required to terminate a guardianship in
this state.
(G) In determining whether a respondent has a significant
connection with a particular state for purposes of this section,
the probate court may consider any of the following:
(1) The location of the respondent's family and other persons
required to be notified of the guardianship or protective
proceeding;
(2) The length of time the respondent at any time was
physically present in the state and the duration of any absence;
(3) The location of the respondent's property;
(4) The extent to which the respondent has ties to the state,
including, but not limited to, voting registration, state or local
tax return filing, vehicle registration, driver's license, social
relationships, and receipt of services.
Sec. 2112.32. (A) To confirm transfer of a guardianship
transferred to this state under provisions similar to section
2112.31 of the Revised Code, the guardian shall petition the
probate court in this state to accept the guardianship of the
person, guardianship of the estate, or both. The petition must
include a certified copy of the other state's provisional order of
transfer.
(B) Notice of a petition under division (A) of this section
must be given by the guardian to those persons that would be
entitled to notice if the petition were an application for the
appointment of a guardian or issuance of a protective order in
both the transferring state and this state. The notice must be
given in the same manner as notice is required to be given in this
state.
(C) On the probate court's own motion or on the request of
the guardian, ward, protected person, or other person required to
be notified of the proceeding, the probate court shall hold a
hearing on a petition filed pursuant to division (A) of this
section.
(D) The probate court shall issue a provisional order
granting a petition filed under division (A) of this section
unless either of the following applies:
(1) An objection is made, and the objector establishes that
transfer of the proceeding would be contrary to the interests of
the ward or protected person.
(2) The guardian is ineligible for appointment in this state.
(E) The probate court shall issue a final order accepting the
proceeding and appointing the guardian as a guardian in this state
upon the probate court's receipt from the court from which the
proceeding is being transferred of a final order transferring the
proceedings to this state issued under provisions similar to
section 2112.31 of the Revised Code.
(F) In granting a petition under this section, the probate
court shall recognize a guardianship order from the other state,
including the determination of the incompetence of the ward and
the appointment of the guardian. Nothing in this section shall
limit the probate court's authority under Chapter 2111. of the
Revised Code.
(G) The denial by a probate court of this state of a petition
to accept a guardianship transferred from another state does not
affect the ability of the guardian to seek appointment as a
guardian in this state under section 2111.02 of the Revised Code
if the probate court has jurisdiction to make an appointment other
than by reason of the provisional order of transfer.
Sec. 2112.41. If a guardian has been appointed in another
state and an application for the appointment of a guardian of the
person is not pending in this state, the guardian appointed in the
other state, after giving notice to the appointing court of an
intent to register, may register the guardianship order in this
state by filing as a foreign judgment in a probate court, in any
appropriate county of this state, certified copies of the order
and letters of office.
Sec. 2112.42. If a guardian of the estate has been appointed
in another state and an application for the appointment of a
guardian of the estate is not pending in this state, the guardian
of the estate appointed in the other state, after giving notice to
the appointing court of an intent to register, may register a
protective order or guardianship in this state by filing as a
foreign judgment in a probate court of this state, in any county
in which property belonging to the ward or protected person is
located, certified copies of the order and letters of office and
of any bond.
Sec. 2112.43. (A) Upon the registration of a guardianship or
protective order from another state, the guardian may exercise in
this state all powers authorized in the order of appointment
except as prohibited under the laws of this state, including
maintaining actions and proceedings in this state and, if the
guardian is not a resident of this state, subject to any
conditions imposed upon nonresident parties.
(B) A probate court of this state may grant any relief
available under the Revised Code to enforce a registered order.
SECTION 2. That existing sections 2111.01 and 2111.02 and
section 2111.41 of the Revised Code are hereby repealed.
SECTION 3. Sections 2112.01, 2112.011, 2112.02, 2112.03,
2112.04, 2112.05, 2112.31, 2112.32, 2112.41, 2112.42, and 2112.43
of the Revised Code, as enacted by this act, apply to guardianship
and protective proceedings begun before the effective date of this
act, regardless of whether a guardianship or protective order has
been issued pursuant to those proceedings.
SECTION 4. Section 2111.02 of the Revised Code is presented
in this act as a composite of the section as amended by both Sub.
S.B. 117 and Am. Sub. S.B. 124 of the 129th General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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