Ohio Rev. Code » Chapter 2111
Ohio Revised Code

Ohio Rev. Code § 2111.121 (2026)

Nomination of guardian

✓ current as of May 2026
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Effective:
March 20, 2014
Latest Legislation:
House Bill 126 - 130th General Assembly
PDF:
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(A) A person may nominate in a writing, as described in this division, another person to be the guardian of the nominator's person, estate, or both or the guardian of the person, the estate, or both, of one or more of the nominator's minor or incompetent adult children, whether born at the time of the execution of the writing or afterward, subject to notice and a hearing pursuant to section 2111.02 of the Revised Code. The nomination is for consideration by a court if proceedings for the appointment of a guardian of the person, the estate, or both, for the person making the nomination or if proceedings for the appointment of a guardian as the guardian of the person, the estate, or both of one or more of the nominator's minor or incompetent adult children are commenced at a later time. The person may authorize, in a writing of that nature, the person nominated as guardian to nominate a successor guardian for consideration by a court. The person also may direct, in a writing of that nature, that bond be waived for a person nominated as guardian in it or nominated as a successor guardian in accordance with an authorization in it.

To be effective as a nomination, the writing shall be signed by the person making the nomination in the presence of two witnesses; signed by the witnesses; and contain, immediately prior to their signatures, an attestation of the witnesses that the person making the nomination signed the writing in their presence; or be acknowledged by the person making the nomination before a notary public.

(B) A person's nomination, in a writing as described in division (A) of this section, of a guardian of the nominator's person, estate, or both or of a guardian of the person, the estate, or both of one or more of the nominator's minor children or incompetent adult children is revoked by the person's subsequent nomination, in a writing as described in division (A) of this section, of a guardian of the nominator's person, estate, or both or of a guardian of the person, the estate, or both of one or more of the nominator's minor children or incompetent adult children, and, except for good cause shown or disqualification, the court shall make its appointment in accordance with the person's most recent nomination. If the writing contains a waiver of bond, the court shall waive bond of the person nominated as guardian unless it is of the opinion that the interest of the trust demands it.

(C) Nomination of a person as a guardian or successor guardian of the person, the estate, or both of one or more of the nominator's minor or incompetent adult children under division (A) of this section, and any subsequent appointment of the guardian or successor guardian as guardian under section 2111.02 of the Revised Code, does not vacate the jurisdiction of any other court that previously may have exercised jurisdiction over the person of the minor or incompetent adult child.

(D) The writing containing the nomination of a person to be the guardian of the person, the estate, or both of one or more of the nominator's minor or incompetent adult children under division (A) of this section may be filed with the probate court for safekeeping, and the probate court shall designate the nomination as the nomination of a standby guardian.
Notes of Decisions
Cited in 18 cases (4 in the last 5 years), 1990–2025 · leading case: In re A.E.R., 2018 Ohio 1685 (Ohio Ct. App. 2018).
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In re A.E.R., 2018 Ohio 1685 (Ohio Ct. App. 2018). · cites it 16× “THE PROBATE COURT MISINTERPRETED THE TWO EXCEPTIONS TO R.C. 2111.121(B), WHICH PROVIDE THAT, WHEN APPOINTING THE GUARDIAN OF A MINOR CHILD, THE COURT 'SHALL MAKE ITS APPOINTMENT IN ACCORDANCE WITH' A TESTAMENTARY NOMINATION 'EXCEPT FOR GOOD CAUSE SHOWN OR DISQUALIFICATION.”
In Re Guardianship of Thomas, 771 N.E.2d 882 (Ohio Ct. App. 2002). · cites it 5× “Further, the fact that the trial court did not make a specific finding in accordance with R.C. 2111.121 is without merit. See Hafner, supra (determination of unsuitability of individual nominated to be guardian under power of attorney was evident from record and no specific…”
In Re Est. of Bednarczuk, 609 N.E.2d 1310 (Ohio Ct. App. 1992). · cites it 2× “21 and division (B) of section 2111.121 of the Revised Code, a guardian of the person, the estate, or both, of a minor or incompetent * * * [.”
In Re Medsker, 583 N.E.2d 1091 (Ohio Ct. App. 1990). · cites it 5× “See R.C. 2111.121. In this case, Daniel Medsker submitted to the court a writing which failed to meet the requirements of R.”
In re Guardianship of Keane, 2020 Ohio 1105 (Ohio Ct. App. 2020). · cites it 3× “R.C. 2111.121, captioned “Nomination as guardian of person or estate; Procedure,” reads, in pertinent part: (A) A person may nominate in a writing, as described in this division, another person to be the guardian of the nominator’s person, estate, or both * * * subject to notice…”
In re Guardianship of Glasgow, 2022 Ohio 1366 (Ohio Ct. App. 2022). · cites it 2× “21 and division (B) of section 2111.121 of the Revised Code, a guardian of the person, the estate, or both, of a minor or incompetent[.”
In re Guardianship of Rosenberger, 2018 Ohio 3533 (Ohio Ct. App. 2018). · cites it 3× “* * * R.C. 2111.121 ; also R.C. 1337.28(A) ("[i]n a power of attorney, a principal may nominate a guardian of the principal's person, estate, or both * * * for consideration by a court if proceedings for the appointment of a guardian for the principal's person, estate, or both *…”
In re Guardianship of Hilt, 2015 Ohio 3186 (Ohio Ct. App. 2015). · cites it 4× “{¶ 22} In their assignment of error on cross-appeal, Peter and Laura argue that the trial court erred when it failed to appoint them as guardians pursuant to R.C. 2111.121. Initially, we must address Peter and Laura’s argument that because the issue turns on the interpretation…”
In Re Guardianship of Schneider, 806 N.E.2d 610 (Ohio Ct. App. 2004). ““To be effective as a nomination, the writing shall be signed by the person making the nomination in the presence of two witnesses; signed by the witnesses; contain, immediately prior to their signatures, an attestation of the witnesses that the person making the nomination…”
In re Martin, 2010 Ohio 3155 (Ohio Ct. App. 2010). · cites it 3× “R.C. 2111.121 allows any person to nominate another person in a durable power of attorney to be guardian of the person, estate or both.”
In re Rosenberger, 2018 Ohio 2076 (Ohio Ct. App. 2018). · cites it 4× “* * * R.C. 2111.121; also R.C. 1337.28(A) (“[i]n a power of attorney, a principal may nominate a guardian of the principal’s person, estate, or both * * * for consideration by a court if proceedings for the appointment of a guardian for the principal’s person, estate, 7 or both…”
In re Guardianship of Elliot, 2010 Ohio 5405 (Ohio Ct. App. 2010). · cites it 2× “09 of the Revised Code or a writing as described in division (A) of section 2111.121 of the Revised Code. The trial court correctly noted that none of these exceptions to the residency requirement applied to David.”
Show all 18 citing cases →
— Ohio Rev. Code § 2111.121(A) — 4 cases
In Re Guardianship of Schneider, 806 N.E.2d 610 (Ohio Ct. App. 2004). ““To be effective as a nomination, the writing shall be signed by the person making the nomination in the presence of two witnesses; signed by the witnesses; contain, immediately prior to their signatures, an attestation of the witnesses that the person making the nomination…”
In re Martin, 2010 Ohio 3155 (Ohio Ct. App. 2010). “R.C. 2111.121 allows any person to nominate another person in a durable power of attorney to be guardian of the person, estate or both.”
In re I.B., 2015 Ohio 4181 (Ohio Ct. App. 2015).
In re Rosenberger, 2018 Ohio 2076 (Ohio Ct. App. 2018). “* * * R.C. 2111.121; also R.C. 1337.28(A) (“[i]n a power of attorney, a principal may nominate a guardian of the principal’s person, estate, or both * * * for consideration by a court if proceedings for the appointment of a guardian for the principal’s person, estate, 7 or both…”
— Ohio Rev. Code § 2111.121(B) — 7 cases
In re A.E.R., 2018 Ohio 1685 (Ohio Ct. App. 2018). “THE PROBATE COURT MISINTERPRETED THE TWO EXCEPTIONS TO R.C. 2111.121(B), WHICH PROVIDE THAT, WHEN APPOINTING THE GUARDIAN OF A MINOR CHILD, THE COURT 'SHALL MAKE ITS APPOINTMENT IN ACCORDANCE WITH' A TESTAMENTARY NOMINATION 'EXCEPT FOR GOOD CAUSE SHOWN OR DISQUALIFICATION.”
In Re Guardianship of Thomas, 771 N.E.2d 882 (Ohio Ct. App. 2002). “Further, the fact that the trial court did not make a specific finding in accordance with R.C. 2111.121 is without merit. See Hafner, supra (determination of unsuitability of individual nominated to be guardian under power of attorney was evident from record and no specific…”
In re Guardianship of Keane, 2020 Ohio 1105 (Ohio Ct. App. 2020). “R.C. 2111.121, captioned “Nomination as guardian of person or estate; Procedure,” reads, in pertinent part: (A) A person may nominate in a writing, as described in this division, another person to be the guardian of the nominator’s person, estate, or both * * * subject to notice…”
In re I.B., 2015 Ohio 4181 (Ohio Ct. App. 2015).
In re Guardianship of Hilt, 2015 Ohio 3186 (Ohio Ct. App. 2015). “{¶ 22} In their assignment of error on cross-appeal, Peter and Laura argue that the trial court erred when it failed to appoint them as guardians pursuant to R.C. 2111.121. Initially, we must address Peter and Laura’s argument that because the issue turns on the interpretation…”
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