If personal injury, damage to tangible or intangible property, or damage or loss on account of personal injury or damage to tangible or intangible property is caused to a ward by wrongful act, neglect, or default that would entitle the ward to maintain an action and recover damages for the injury, damage, or loss, and when any ward is entitled to maintain an action for damages or any other relief based on any claim or is subject to any claim to recover damages or any other relief based on any claim, the guardian of the estate of the ward may adjust and settle the claim with the advice, approval, and consent of the probate court. If it is proposed that a claim be settled for the net amount of twenty-five thousand dollars or less after payment of fees and expenses as allowed by the court, the court, upon application by any suitable person whom the court may authorize to receive and receipt for the settlement, may authorize the settlement without the appointment of a guardian and authorize the delivery of the moneys as provided in section 2111.05 of the Revised Code. The court may authorize the person receiving the moneys to execute a complete release on account of the receipt. The payment shall be a complete and final discharge of that claim. In the settlement, if the ward is a minor, the parent or parents of the minor may waive all claim for damages on account of loss of service of the minor, and that claim may be included in the settlement. If the claimant is a minor, records of proceedings pursuant to this section are not subject to disclosure to any person who is not a party to the settlement, or made available for publication or inspection, except upon motion and show of good cause.
Last updated March 3, 2023 at 2:04 PM
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1960–2023 · leading case: In Re Guardianship of Matyaszek, 824 N.E.2d 132 (Ohio Ct. App. 9th Dist. 2004).
In Re Guardianship of Matyaszek, 824 N.E.2d 132 (Ohio Ct. App. 9th Dist. 2004). · cites it 16דThe magistrate found that R.C. 2111.18, which governs the resolution of a minor’s claim for injury with “advice, approval, and consent of the probate court,” expresses a policy to protect minors.”
In re Guardianship of Jadwisiak, 593 N.E.2d 1379 (Ohio 1992). · cites it 5דR.C. 2111.18. It thus follows that a guardian can employ legal counsel to initiate or defend a lawsuit.”
In Re Kinross, 616 N.E.2d 1128 (Ohio Ct. App. 1st Dist. 1992). · cites it 3ד14(E) provides that a guardian may bring suit for his ward when such suit is for the best interests of the ward.”
In Re Thompson, 779 N.E.2d 816 (Ohio Ct. App. 1st Dist. 2002). · cites it 2ד6 {¶ 11} Furthermore, R.C. 2111.18 provides that a guardian of the estate of a ward may settle a claim for personal injury “with the advice, approval, and consent of the probate court.”
In Re Guardianship of Patrick, 584 N.E.2d 86 (Ohio Ct. App. 6th Dist. 1991). “R.C. 2111.18. The guardian may employ others, i.”
Johnson v. Ohio Dept. of Job & Fam. Servs., 2023-Ohio-4629, 232 N.E.3d 261. · cites it 6ד* * * Without the total settlement proceeds, the probate court could not maintain control over the settlement as required by R.C. 2111.18.” In re Guardianship of Jadwisiak at 181 .”
Muehrcke v. Housel, 909 N.E.2d 135 (Ohio Ct. App. 8th Dist. 2008). “R.C. 2111.18. Accordingly, when Susan received the $500,000 award following the jury trial, any future settlement of her award required the approval of the probate court, whether it was for $500, $5,000, or $50,000.”
Waterman v. Elk Elk Co., L.P.A., 645 N.E.2d 1326 (Ohio Ct. App. 9th Dist. 1994). “*777 R.C. 2111.18 specifically gives the probate court jurisdiction to approve the settlement of minor’s claims, through the use of guardianship procedures.”
Carpenter v. Pontius, 200 N.E.2d 682 (Ohio Ct. App. 1963). · cites it 2ד“In the absence of a showing of prejudicial error in the proceedings or of fraud or collusion on the part of those involved, a settlement of an injured minor’s claim for damages by his guardian in conformity with the provisions of Section *391 10507-19, General Code (now Section…”
In Re Guardianship of Brisboy, 640 N.E.2d 908 (Ohio Ct. App. 6th Dist. 1994). · cites it 2ד23 prohibits, but was an exercise of judicial power pursuant to R.C. 2111.18, which authorizes the probate court to maintain control over any personal injury settlement entered into on behalf of a ward under the probate court’s protection.”
In Re Est. of Johnson, 899 N.E.2d 198 (Ohio Ct. App. 5th Dist. 2008). “39, which provides for counsel fees in connection with settlement of claims for wrongful death and conscious pain and suffering, claims for personal injuries to persons under guardianship, and settlement of claims for personal injuries to minors under R.C. 2111.18, states: {¶…”
Pasela v. Brown Derby, Inc., 594 N.E.2d 1142 (Ohio Ct. App. 8th Dist. 1991). “See R.C. 2111.18; C.P.Sup.R. 36; C.P.Sup.R. 37.”
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