Ohio Code 2111.01 – Guardian and conservatorship definitions
As used in Chapters 2101. to 2131. of the Revised Code:
Terms Used In Ohio Code 2111.01
- 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
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Child: includes child by adoption. See Ohio Code 1.59
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fraud: Intentional deception resulting in injury to another.
- 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.
- Intestate: Dying without leaving a will.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Personal property: All property that is not real property.
- Probate: Proving a will
- Property: means real and personal property. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(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 guardian, a standby guardian, and an emergency guardian appointed pursuant to division (B) of section 2111.02 of the Revised Code. “Guardian” also includes an agency under contract with the department of developmental disabilities for the provision of protective service under sections 5123.55 to 5123.59 of the Revised Code when appointed by the probate court to have the care and management of the person of an incompetent.
(B) “Ward” means any person for whom a guardian is acting or for whom the probate court is acting pursuant to section 2111.50 of the Revised Code.
(C) “Resident guardian” means a guardian appointed by a probate court to have the care and management of property in this state that belongs to a nonresident ward.
(D) “Incompetent” means either of the following:
(1) Any person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person’s self or property or fails to provide for the person’s family or other persons for whom the person is charged by law to provide ;
(2) Any person confined to a correctional institution within this state.
(E) “Next of kin” means any person who would be entitled to inherit from a ward under Chapter 2105 of the Revised Code if the ward dies intestate.
(F) “Conservator” means a conservator appointed by the probate court in an order of conservatorship issued pursuant to section 2111.021 of the Revised Code.
(G) “Parent” means a natural parent or adoptive parent of a minor child whose parental rights and responsibilities have not been terminated by a juvenile court or another court.
(H) “Financial harm” means impairment of an individual’s financial assets by unlawfully obtaining or exerting control over the individual’s real or personal property in any of the following ways:
(1) Without the consent of the individual or the person authorized to give consent on the individual’s behalf;
(2) Beyond the scope of the express or implied consent of the individual or the person authorized to give consent on the individual’s behalf;
(3) By deception;
(4) By threat;
(5) By intimidation;
(6) By fraud;
(7) By undue influence.