Ohio Code 3109.58 – Pending proceedings may preclude creation of power of attorney
(A) As used in this section, “temporary custody,” “permanent custody,” and “planned permanent living arrangement” have the same meanings as in section 2151.011 of the Revised Code.
Terms Used In Ohio Code 3109.58
- Child: includes child by adoption. See Ohio Code 1.59
- 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.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(B) A power of attorney created pursuant to section 3109.52 of the Revised Code may not be executed with respect to a child while any of the following proceedings are pending regarding the child:
(1) A proceeding for the appointment of a guardian for, or the adoption of, the child;
(2) A juvenile proceeding in which one of the following applies:
(a) The temporary, permanent, or legal custody of the child or the placement of the child in a planned permanent living arrangement has been requested.
(b) The child is the subject of an ex parte emergency custody order issued under division (D) of section 2151.31 of the Revised Code, and no hearing has yet been held regarding the child under division (A) of section 2151.314 of the Revised Code.
(c) The child is the subject of a temporary custody order issued under section 2151.33 of the Revised Code.
(3) A proceeding for divorce, dissolution, legal separation, annulment, or allocation of parental rights and responsibilities regarding the child.