As used in Chapters 2101. to 2131. of the Revised Code:
(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.
Notes of Decisions
Cited in 68
cases (14 in the last 5 years), 1956–2026 · leading case: Strock v. Pressnell, 527 N.E.2d 1235 (Ohio 1988).
Strock v. Pressnell, 527 N.E.2d 1235 (Ohio 1988). · cites it 2ד“No person shall be liable in civil damages for any breach of a promise to marry, alienation of affections, or criminal conversation, and no person shall be liable in civil damages for seduction of any person eighteen years of age or older who is not incompetent, as defined in…”
In re F.S., 2021-Ohio-345. “Similarly, R.C. 2111.01(D) provides that "incompetence" requires a determination that the person is incapable of taking care of himself or herself, or his or her property.”
Boyd v. Edwards, 446 N.E.2d 1151 (Ohio Ct. App. 8th Dist. 1982). · cites it 2דUnder Ohio law, a “guardian” 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 * * R.C. 2111.01(A). The statute broadly defines “incompetent” as: “* *…”
In re Guardianship of Schwarzbach, 2017-Ohio-7299. “" R.C. 2111.01(D). The applicant for a guardianship bears the burden of proving incompetence by clear and convincing evidence.”
Adam v. Fletcher (In re Fletcher), 345 B.R. 592 (Bankr. N.D. Ohio 2006). · cites it 4דSee also O.R.C. § 2111.01(D). 2 All the same, the close proximity between these two events is strong evidence that, although not yet adjudicated to be incompetent, Mr.”
State v. Marshall, 946 N.E.2d 762 (Ohio Ct. App. 2d Dist. 2010). “” R.C. 2111.01(D). For the purpose of testifying in court, “[e]very person is competent to be a witness except * * * [t]hose of unsound mind, and children under ten years of age, who appear incapable of receiving just impressions of the facts and transactions respecting which…”
Wilburn v. Allen, 552 N.E.2d 934 (Ohio 1990). · cites it 3ד) R.C. 2111.01(A), defining a “guardian,” R.”
Burns v. Daily, 683 N.E.2d 1164 (Ohio Ct. App. 11th Dist. 1996). “Rudy was “incapacitated” substantially complied with the requirement that it find an alleged incompetent to be “so mentally impaired * * * that he is incapable of taking care of himself or his property” under R.”
Wilson v. Dabo, 461 N.E.2d 8 (Ohio Ct. App. 10th Dist. 1983). · cites it 2ד29, which became effective prior to the times herein involved, reads as follows: “No person shall be liable in civil damages for any breach of a promise to marry, alienation of affections, or criminal conversation, and no person shall be liable in civil damages for seduction of…”
State v. Calabrese, 2017-Ohio-7316. “CA2015-06-046, 2016-Ohio-551, ¶ 10 (“the fact that a person may be found incompetent under R.C. 2111.01(D) does not mean that the person is incompetent to stand trial; the former is not dispositive of the latter.”
State v. Bush, 2016-Ohio-551. · cites it 2דIt is therefore speculative as to whether appellant would have been found incompetent as defined by R.C. 2111.01(D). In addition, the fact that a person may be found incompetent under R.”
Vrabel v. Vrabel, 459 N.E.2d 1298 (Ohio Ct. App. 8th Dist. 1983). · cites it 2דThe statute provides: “No person shall be liable in civil damages for any breach of a promise to marry, alienation of affections, or criminal conversation, and no person shall be liable in civil damages for seduction of any person eighteen years of age or older who is not…”
Boyd v. Edwards, 446 N.E.2d 1151 (Ohio Ct. App. 8th Dist. 1982). “Under Ohio law, a “guardian” 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 * * R.C. 2111.01(A). The statute broadly defines “incompetent” as: “* *…”
In re F.S., 2021-Ohio-345. “Similarly, R.C. 2111.01(D) provides that "incompetence" requires a determination that the person is incapable of taking care of himself or herself, or his or her property.”
In re Guardianship of Schwarzbach, 2017-Ohio-7299. “" R.C. 2111.01(D). The applicant for a guardianship bears the burden of proving incompetence by clear and convincing evidence.”
Adam v. Fletcher (In re Fletcher), 345 B.R. 592 (Bankr. N.D. Ohio 2006). “See also O.R.C. § 2111.01(D). 2 All the same, the close proximity between these two events is strong evidence that, although not yet adjudicated to be incompetent, Mr.”
State v. Marshall, 946 N.E.2d 762 (Ohio Ct. App. 2d Dist. 2010). “” R.C. 2111.01(D). For the purpose of testifying in court, “[e]very person is competent to be a witness except * * * [t]hose of unsound mind, and children under ten years of age, who appear incapable of receiving just impressions of the facts and transactions respecting which…”
Burns v. Daily, 683 N.E.2d 1164 (Ohio Ct. App. 11th Dist. 1996). “Rudy was “incapacitated” substantially complied with the requirement that it find an alleged incompetent to be “so mentally impaired * * * that he is incapable of taking care of himself or his property” under R.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.