As used in this chapter:

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Terms Used In Ohio Code 2112.01

  • Adult: means an individual who is eighteen years of age or older. See Ohio Code 2112.01
  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Guardian of the person: means a person appointed by the court to make decisions regarding the support, care, education, health, and welfare of a ward. See Ohio Code 2112.01
  • 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.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Probate: Proving a will
  • Property: means real and personal property. See Ohio Code 1.59
  • 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
  • Protective proceeding: means a judicial proceeding in which a protective order is sought or has been issued. 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
  • United States: includes all the states. See Ohio Code 1.59
  • 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

(A) “Adult” means an individual who is eighteen years of age or older.

(B) “Guardian” has the same meaning as in section 2111.01 of the Revised Code.

(C) “Guardian of the person” means a person appointed by the court to make decisions regarding the support, care, education, health, and welfare of a ward. “Guardian of the person” does not include a guardian ad litem.

(D) “Guardian of the estate” means a person appointed by the court to administer the estate of a ward.

(E) “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 2111.50 of the Revised Code.

(F) “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.

(G) “Guardianship order” means an order appointing a guardian.

(H) “Guardianship proceeding” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.

(I) “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.

(J) “Party” means the respondent, applicant, guardian, or other person allowed by the court to participate in a guardianship or protective proceeding.

(K) “Person,” except in the terms guardian of the person and protected person, means an individual, parent, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental agency or instrumentality, public corporation, or other legal or commercial entity.

(L) “Protected person” means an adult for whom a protective order has been issued.

(M) “Protective order” means an order appointing a guardian or other order under division (B)(3) of section 2111.02 of the Revised Code related to the management of an adult’s person, property, or both or an order under section 2111.022 of the Revised Code related to the management of an individual’s property.

(N) “Protective proceeding” means a judicial proceeding in which a protective order is sought or has been issued.

(O) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(P) “Respondent” means an adult for whom a protective order or the appointment of a guardian is sought.

(Q) “Significant-connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(R) “Incompetent” has the same meaning as in section 2111.01 of the Revised Code.

(S) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. “State” includes an Indian tribe or band that is recognized by federal law or formally acknowledged by a state.