Ohio Code 5803.03 – Powers of representative
To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute, all of the following apply:
Terms Used In Ohio Code 5803.03
- 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
- Child: includes child by adoption. See Ohio Code 1.59
- Decedent: A deceased person.
- 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.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Trustee: A person or institution holding and administering property in trust.
(A) A guardian of the estate may represent and bind the estate that the guardian of the estate controls.
(B) A guardian of the person may represent and bind the ward if a guardian of the estate has not been appointed.
(C) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal.
(D) Except as provided in division (F) of section 5801.10 of the Revised Code, a trustee may represent and bind the beneficiaries of the trust.
(E) A personal representative of a decedent‘s estate may represent and bind persons interested in the estate.
(F) A parent may represent and bind the parent’s minor or unborn child if neither a guardian for the child’s estate or a guardian of the person has been appointed. If a minor or unborn child is not represented by a parent under this division, another person may represent and bind the minor or unborn child under section 5803.04 of the Revised Code if the requirements of that section are met.