Ohio Revised Code Search
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Section 2112.21 | Jurisdiction.
...ourt 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 ... |
Section 2112.22 | Special jurisdiction.
...(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 fo... |
Section 2112.23 | Exclusive and continuing jurisdiction.
...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. |
Section 2112.24 | Appropriate forum.
...bate 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 res... |
Section 2112.25 | Jurisdiction declined by reason of conduct.
...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... |
Section 2112.26 | Notice of proceeding.
...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... |
Section 2112.27 | Proceedings in more than one state.
...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 2... |
Section 2112.31 | Transfer of guardianship or conservatorship to another state.
...(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 pers... |
Section 2112.32 | Accepting guardianship or conservatorship transferred from another state.
...(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) o... |
Section 2112.41 | Registration of guardianship orders.
...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 c... |
Section 2112.42 | Registration of guardianship orders.
...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... |
Section 2112.43 | Effect of registration.
...s 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 2125.01 | Action for wrongful death.
...death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued, or the administrator or executor of the estate of such person, as such administrator or executor, shall be liable to an action for damages, notwithstanding the death of the person ... |
Section 2125.02 | Parties - damages.
...t as provided in this division, a civil action for wrongful death shall be brought in the name of the personal representative of the decedent for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent, all of whom are rebuttably presumed to have suffered damages by reason of the wrongful death, and for the exclusive benefit of the other next of kin of the decedent. A parent who a... |
Section 2125.03 | Distribution to beneficiaries.
...ived by a personal representative in an action for wrongful death under sections 2125.01 and 2125.02 of the Revised Code, whether by settlement or otherwise, shall be distributed to the beneficiaries or any one or more of them. The court that appointed the personal representative, except when all of the beneficiaries are on an equal degree of consanguinity to the deceased person, shall adjust the share of each benefi... |
Section 2125.04 | New action.
...In every civil action for wrongful death that is commenced or attempted to be commenced within the time specified by division (F)(1) or (F)(2)(c), (d), (e), (f), or (g) of section 2125.02 of the Revised Code, if a judgment for the plaintiff is reversed or the plaintiff fails otherwise than upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the personal representative of the pla... |
Section 2133.02 | Declaration relating to use of life-sustaining treatment.
...ysician, or other health care personnel acting under the direction of an attending physician, who is furnished a copy of a declaration shall make it a part of the declarant's medical record and, when section 2133.05 of the Revised Code is applicable, also shall comply with that section. (D)(1) Subject to division (D)(2) of this section, an attending physician of a declarant or a health care facility in which a decla... |
Section 2133.04 | Revocation of declaration.
...s communicated by that witness. Absent actual knowledge to the contrary, the attending physician of a declarant and other health care personnel who are informed of the revocation of a declaration by an alleged witness may rely on the information and act in accordance with the revocation. (B) Upon the communication as described in division (A) of this section to the attending physician of a declarant of the fa... |
Section 2133.05 | Duty of attending physician.
...ing treatment; (iv) That the course of action proposed to be undertaken by the attending physician is not authorized by the declarant's declaration; (v) That the declaration was executed when the declarant was not of sound mind or was under or subject to duress, fraud, or undue influence; (vi) That the declaration otherwise does not substantially comply with this chapter. (d) Request the probate court to issue o... |
Section 2133.06 | Patient to make decisions on use of life-sustaining treatment.
...(A) As long as a qualified patient is able to make informed decisions regarding the administration of life-sustaining treatment, the qualified patient may continue to do so. (B) Life-sustaining treatment shall not be withheld or withdrawn from a declarant pursuant to a declaration if the declarant is pregnant and if the withholding or withdrawal of the treatment would terminate the pregnancy, unless the decla... |
Section 2133.07 | Using pre-printed form.
...(A) As used in this section, "DNR identification" has the same meaning as in section 2133.21 of the Revised Code. (B) A printed form of a declaration may be sold or otherwise distributed in this state for use by adults who are not advised by an attorney. By use of a printed form of that nature, a declarant may authorize the use or continuation, or the withholding or withdrawal, of life-sustaining treatment should t... |
Section 2133.09 | Withholding or withdrawing nutrition and hydration from patient who has been in permanently unconscious state for at least 12 months.
... as inferred from the lifestyle and character of the patient, and from any other evidence of the desires of the patient, prior to the patient's becoming no longer able to make informed decisions regarding the administration of nutrition and hydration. The Rules of Evidence shall not be binding for purposes of this division. (4)(a) The attending physician of the patient, and other health care personnel acting under t... |
Section 2133.10 | Transfer of patients.
...(A) An attending physician who, or a health care facility in which a qualified patient or other patient is confined that, is not willing or is not able to comply or allow compliance with a declaration of a qualified patient, with a consent given in accordance with section 2133.08 or 2133.09 of the Revised Code, with any probate court order issued pursuant to section 2133.05, 2133.08, or 2133.09 of the Revised Code, o... |
Section 2133.11 | Immunities.
...are facility, and health care personnel acting under the direction of an attending physician are not subject to criminal prosecution, are not liable in damages in a tort or other civil action, and are not subject to professional disciplinary action for any of the following: (1) Giving effect to a declaration, if the physician, facility, or personnel gives effect to the declaration in good faith and does not have act... |
Section 2133.12 | Miscellaneous provisions.
...nnel, or a health care facility to take action that is contrary to reasonable medical standards. (4) Sections 2133.01 to 2133.15 of the Revised Code and, if applicable, a declaration do not affect or limit the authority of a physician or a health care facility to provide or not to provide life-sustaining treatment to a person in accordance with reasonable medical standards applicable in an emergency situation. (D)... |