Ohio Code 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:
Terms Used In Ohio Code 2112.21
- 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
- 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.
- 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
- 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
- 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. 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
(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.