Ohio Code 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:
Terms Used In Ohio Code 2112.22
- Adult: means an individual who is eighteen years of age or older. See Ohio Code 2112.01
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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. See Ohio Code 2112.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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. See Ohio Code 2112.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
- Probate: Proving a will
- Protected person: means an adult for whom a protective order has been issued. See Ohio Code 2112.01
- Protective order: means an order appointing a guardian or other order under division (B)(3) of section 2111. See Ohio Code 2112.01
- Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Ohio Code 2112.01
- State: includes an Indian tribe or band that is recognized by federal law or formally acknowledged by a state. See Ohio Code 2112.01
- 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. See Ohio Code 2112.01
(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.