If the powers of the person appointed as guardian of a minor or incompetent are not limited by the order of appointment, the person shall be guardian both of the person and estate of the ward. In every instance the court shall appoint the same person as guardian of the person and estate of the ward, unless in the opinion of the court the interests of the ward will be promoted by the appointment of different persons as guardians of the person and of the estate.
A guardian of the person of a minor shall be appointed as to a minor having no father or mother, whose parents are unsuitable persons to have the custody of the minor and to provide for the education of the minor as required by section 3321.01 of the Revised Code, or whose interests, in the opinion of the court, will be promoted by the appointment of a guardian. A guardian of the person shall have the custody and provide for the maintenance of the ward, and if the ward is a minor, the guardian shall also provide for the education of the ward as required by section 3321.01 of the Revised Code.
Before exercising its jurisdiction to appoint a guardian of a minor, the court shall comply with the jurisdictional standards of sections 3127.01 to 3127.53 of the Revised Code.
Notes of Decisions
Cited in 19
cases (4 in the last 5 years), 1984–2025 · leading case: In re Guardianship of Stein, 2004 Ohio 7114 (Ohio 2004).
In re Guardianship of Stein, 2004 Ohio 7114 (Ohio 2004). · cites it 18דespite the agreement, ordered that her powers include (1) giving consent to all medical treatment, (2) withdrawing all life-sustaining support and treatment, (3) requesting a do-not-resuscitate order, (4) directing the infant’s medical care providers to cease all medical…”
Hockstok v. Hockstok, 2002 Ohio 7208 (Ohio 2002). · cites it 4ד, quoting R.C. 2111.06. {¶23} Thus, since an unsuitability determination had been made in the probate court supported by evidence in the record that the father had contracted away the custody rights of his child, according to Perales, such a forfeiture of his right to custody…”
In Re Guardianship of Stein, 811 N.E.2d 594 (Ohio Ct. App. 2004). · cites it 10ד1 It is possible, although not raised as error, that R.C. 2111.06 be read as ambiguous as to whether it authorizes the appointment of a guardian to make the decision of whether a minor child should be removed from life-sustaining medical treatment.”
Masitto v. Masitto, 488 N.E.2d 857 (Ohio 1986). · cites it 2ד” R.C. 2111.06. This statute also provides that the guardian “shall have the custody and provide for the maintenance [and education] of the ward * * Therefore, the guardianship statute seemingly provides that the original custody award and any modification thereof would have to…”
Szuhay v. Zahoransky, 488 N.E.2d 944 (Ohio Ct. App. 1985). · cites it 5דR.C. 2111.06 states in part as follows: “A guardian of the person of a minor shall be appointed as to a minor having neither father nor mother, or whose parents are unsuitable persons to have the custody and tuition of such minor, or whose interests, in the opinion of the court,…”
In re Guardianship of Santrucek, 896 N.E.2d 683 (Ohio 2008). “…of the ward, whereas a guardian of the estate is responsible for the management of the ward’s property. See R.C. 2111.06, 2111.13, and 2111.14.”
In re S.H., 2013 Ohio 3708 (Ohio Ct. App. 2013). · cites it 6דfor medical purposes pursuant to R.C. 2111.06. This statute provides, A guardian of the person of a minor shall be appointed as to a minor having no father or mother, whose parents are unsuitable persons to have the custody of the minor and to provide for the education of the…”
In re Guardianship of S.H., 2013 Ohio 4380 (Ohio Ct. App. 2013). “06 vest the probate court with broad power, Upon a mere finding that it is in the “best interest of a * * * minor,” R.”
In Re Est. of Bednarczuk, 609 N.E.2d 1310 (Ohio Ct. App. 1992). “That section states, “[a] guardian of the person of a minor shall be appointed as to a minor * * * whose parents are unsuitable persons to have the custody and tuition of such minor.”
In Re Miller, 515 N.E.2d 635 (Ohio Ct. App. 1986). “Specific consent of a parent to the appointment of a guardian waives the parent’s right to custody of the child as long as the guardianship is in effect.”
State v. Garcia, 2022 Ohio 3426 (Ohio Ct. App. 2022). “R.C. 2111.06. The duties of a guardian include to “protect and control the person of the ward.”
In re Guardianship of Wonderly, 461 N.E.2d 879 (Ohio 1984). “” Thus, it is reasonable that the guardian would, upon receipt of appointment by judgment and order of the probate court, use all lawful means to sustain upon appeal his position as guardian of the minors as ordered by the court.”
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