Section 2112.21 | Jurisdiction.
(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.
Available Versions of this Section
- March 22, 2013 – House Bill 27, 129th General Assembly [ View March 22, 2013 Version ]