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Section 2108.24 | Conflict between anatomical gift and health care directive.

...(A) As used in this section: (1) "Advance health-care directive" means a durable power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health-care decision. (2) "Health care decision" means any decision regarding the health care of the prospective donor. (B) If a prospective donor has an advance health-care directive the terms of w...

Section 2109.07 | Bond conditions - administrator - when not required.

...quired of an administrator by section 2109.04 of the Revised Code shall not be required in either of the following cases: (1) It shall not be required of a surviving spouse to administer the deceased spouse's estate if the surviving spouse is entitled to the entire net proceeds of the estate. (2) It shall not be required of an administrator to administer an estate if there is no will, if the administrator is ...

Section 2109.31 | Citation to fiduciary to file account.

...r report when due according to section 2107.19, 2109.30, 2111.49, or 2115.02 of the Revised Code or when ordered by the probate court, the court at its own instance may issue, and on the application of any interested party or of any of the next of kin of any ward shall issue, a citation as described in division (B) of this section to such fiduciary pursuant to Civil Rules 4.1 to 4.6 to compel the filing of the overdu...

Section 2109.361 | Application by beneficiary for approval of third-party distribution.

...t when both of the following apply: (1) The fiduciary makes the distribution to either of the following persons: (a) The transferee of a beneficiary; (b) Any person pursuant to an agreement, request, or instruction of a beneficiary or pursuant to a legal claim against a beneficiary. (2) The distribution is the subject of an agreement between a beneficiary and any person that requires the fiduciary or benef...

Section 2109.371 | Additional eligible investments.

... investments made eligible by section 2109.37 or 2109.372 of the Revised Code, investments may be made by a fiduciary other than a guardian under sections 5905.01 to 5905.19 of the Revised Code, and subject to the restriction placed on an administrator or executor by division (B) of section 2109.37 of the Revised Code, in any of the following kinds and classes of securities, provided that it may be lawfully so...

Section 2109.62 | Court termination of trust.

...(A)(1) Upon the filing of a motion by a trustee with the court that has jurisdiction over the trust, upon the provision of reasonable notice to all beneficiaries who are known and in being and who have vested or contingent interests in the trust, and after holding a hearing, the court may terminate the trust, in whole or in part, if it determines that all of the following apply: (a) It is no longer economically feas...

Section 2111.01 | Guardian and conservatorship definitions.

...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 guardi...

Section 2111.011 | Guardianship guide.

...wing times, whichever is applicable: (1) Upon the appointment of the guardian under section 2111.02 of the Revised Code; (2) If the guardian was appointed prior to the effective date of this section, upon the first filing by the guardian with the probate court of either of the following, as applicable, after that effective date: (a) A guardian's account, other than a final account, that is required to be filed ...

Section 2111.03 | Application for appointment as guardian.

... limited guardian, pursuant to section 2111.02 of the Revised Code, shall file with the probate court an application that contains a statement of the whole estate of the ward, its probable value, and the probable annual rents of the ward's real property, and that also contains the following: (A) A statement whether the applicant ever has been charged with or convicted of any crime involving theft, physical violence,...

Section 2111.52 | County probate court guardianship services fund; multicounty probate court guardianship services fund.

...multicounty guardianship service. (F)(1) A county or multicounty guardianship service under division (E) of this section is established by creating a county or multicounty guardianship service board. The judge of the probate court shall appoint one member. The board of directors of a participating county board of developmental disabilities shall appoint one member. The board of directors of a participating county b...

Section 2112.04 | Cooperation between courts.

...er 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 transc...

Section 2112.21 | Jurisdiction.

...ent 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...

Section 2113.041 | Request to financial institution to release account proceed to recover costs of services.

...rogram established pursuant to section 5162.21 of the Revised Code may present an affidavit to a financial institution requesting that the financial institution release account proceeds to recover the cost of services correctly provided to a medicaid recipient who is subject to the medicaid estate recovery program. The affidavit shall include all of the following information: (1) The name of the decedent; (2)...

Section 2113.311 | Management and rental of real property by executor or administrator.

...cation shall contain the following: (1) A brief statement of the facts upon which the application is based and any other pertinent information that the court may require; (2) A description or identification of the real property and the interest owned by the decedent at the time of death; (3) The names and addresses, if known to the applicant, of the persons to whom the real property passed by descent or devi...

Section 2117.06 | Presentation and allowance of creditor's claims - pending action against decedent.

...ims in one of the following manners: (1) After the appointment of an executor or administrator and prior to the filing of a final account or a certificate of termination, in one of the following manners: (a) To the executor or administrator, or to an attorney who is identified as counsel for the executor or administrator in the probate court records for the estate of the decedent, in a writing; (b) To the proba...

Section 2117.061 | Notice of receipt of medicaid benefits to administrator of estate recovery program.

...(A) As used in this section: (1) "Medicaid estate recovery program" means the program instituted under section 5162.21 of the Revised Code. (2) "Person responsible for the estate" means the executor, administrator, commissioner, or person who filed pursuant to section 2113.03 of the Revised Code for release from administration of an estate. (B) The person responsible for the estate of a decedent subject to t...

Section 2117.25 | Order in which debts to be paid.

...y the assets in the following order: (1) Costs and expenses of administration; (2) An amount, not exceeding four thousand dollars, for funeral expenses that are included in the bill of a funeral director, funeral expenses other than those in the bill of a funeral director that are approved by the probate court, and an amount, not exceeding three thousand dollars, for burial and cemetery expenses, including th...

Section 2121.02 | Proceedings in case of presumption of death.

...umption of death arises under section 2121.01 of the Revised Code with respect to a person who at the time of disappearance was domiciled in this state, the attorney general of this state or any person entitled under the will of the presumed decedent or under Chapter 2105. of the Revised Code to any share in the presumed decedent's property within this state, or any person or entity who, under the terms of any...

Section 2127.04 | Action for authority to sell real property.

... categories specified in divisions (B)(1)(a), (b), and (c), (B)(2)(a), (b), and (c), and (B)(3) of this section applies: (1)(a) At least fifty per cent of all the persons interested in the real property proposed to be sold have consented to the sale. (b) Prior to the issuance of the order, no written objection is filed with the court by any person or persons who hold aggregate interests in the interest of the...

Section 2131.08 | Rule against perpetuities.

...(A) Subject to sections 1746.14, 1747.09, and 2131.09 of the Revised Code, no interest in real or personal property shall be good unless it must vest, if at all, not later than twenty-one years after a life or lives in being at the creation of the interest. All estates given in tail, by deed or will, in real property lying within this state shall be and remain an absolute estate in fee simple to the issue of th...

Section 2131.12 | Joint ownership with right of survivorship in motor vehicle or in watercraft or outboard motor.

...(A) As used in this section: (1) "Motor vehicle" has the same meaning as in section 4505.01 of the Revised Code. (2) "Joint ownership with right of survivorship" means a form of ownership of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor that is established pursuant to this section and pursuant to which the entire interest in the motor vehicle, all-purpose vehicle, off...

Section 2133.22 | Immunities.

...(A)(1) None of the following are subject to criminal prosecution, to liability in damages in a tort or other civil action for injury, death, or loss to person or property, or to professional disciplinary action arising out of or relating to the withholding or withdrawal of CPR from a person after DNR identification is discovered in the person's possession and reasonable efforts have been made to determine that the pe...

Section 2133.24 | Miscellaneous provisions.

...the circumstances described in section 2133.22 of the Revised Code or in accordance with division (A) of section 2133.23 of the Revised Code does not constitute for any purpose a suicide, aggravated murder, murder, or any other homicide. (B)(1) If a person possesses DNR identification or if a current do-not-resuscitate order has been issued for a person, the possession or order shall not do either of the following: ...

Section 2135.05 | Designation of proxy to make mental health decisions.

...lternate proxy as described in section 2135.02 of the Revised Code. A proxy designated to make decisions about mental health treatment may make decisions about mental health treatment on behalf of the declarant only when the declaration has become operative. The decisions of the proxy regarding the mental health treatment of the declarant must be consistent with desires the declarant has expressed in the declaration....

Section 2135.06 | Execution of declaration.

...rements, both of the following apply: (1) No declaration shall be invalid or be held invalid because a proxy has not signed the declaration. (2) If a proxy has not signed the declaration, or if the signature of a proxy named in a valid declaration is not either witnessed by two adults or acknowledged before a notary public, then the designation of the proxy is invalid, but the declaration is not invalid because of ...