Standby Guardianship - Ohio

Date:

Who Can Nominate a Standby Guardian

Citation: Rev. Code § 2111.121

A person may nominate in a writing another person to be the guardian 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.

How to Establish a Standby Guardian

Citation: Rev. Code § 2111.121

The nomination is for consideration by a court if proceedings for the appointment of a 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; and contain, immediately prior to their signatures, an attestation of the witnesses that the person making the nomination signed the writing in their presence; or be acknowledged by the person making the nomination before a notary public.

How Standby Authority is Activated

Citation: Rev. Code § 2111.121

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, and any subsequent appointment of the guardian or successor guardian as guardian under § 2111.02, 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 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 may be filed with the probate court for safekeeping, and the probate court shall designate the nomination as the nomination of a standby guardian.

Involvement of the Noncustodial Parent

This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation: Rev. Code § 2111.121

A person's nomination, in a writing described above, of one or more of the nominator's minor children or incompetent adult children is revoked by the person's subsequent nomination of a guardian of one or more of the nominator's minor children or incompetent adult children, and, except for good cause shown or disqualification, the court shall make its appointment in accordance with the person's most recent nomination. If the writing 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.