When a guardian has been appointed for a minor before the minor is over fourteen years of age, the guardian's power shall continue until the ward arrives at the age of majority, unless removed for good cause or unless the ward selects another suitable guardian. After the selection is made and approved by the probate court and the person selected is appointed and qualified, the powers of the former guardian shall cease. The former guardian's final account as guardian shall then be filed and settled in court.
Upon the termination of a guardianship of the person, estate, or both of a minor before the minor reaches eighteen years of age, if a successor guardian is not appointed and if the court finds that the minor is without proper care, the court shall certify a copy of its finding together with as much of the record and any further information that the court considers necessary, or as the juvenile court may request, to the juvenile court for further proceedings. Upon that certification, the juvenile court shall have exclusive jurisdiction respecting the minor.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1958–2021 · leading case: In Re Guardianship of Sanders, 693 N.E.2d 1101 (Ohio Ct. App. 2d Dist. 1997).
In Re Guardianship of Sanders, 693 N.E.2d 1101 (Ohio Ct. App. 2d Dist. 1997). · cites it 10דThe trial court erred to the prejudice of the appellant when it did not use its power to remove the guardianship for ‘good cause’ under O.R.C. § 2111.46.” Mrs. Jump contends that the trial court erred in not removing Mrs.”
In re Guardianship of Hollins, 872 N.E.2d 1214 (Ohio 2007). · cites it 3ד50, R.C. 2111.46 further defines the scope of the guardian’s power over a minor ward.”
Masitto v. Masitto, 488 N.E.2d 857 (Ohio 1986). · cites it 2דThe correct procedure for appellee to have followed in order to seek custody of his daughter was, and still is, to file a motion in the probate court to terminate the guardianship of the Noses 5 pursuant to R.C. 2111.46. 6 Under this statute, the probate court may remove a…”
In Re Termination of Guardianship of Hendrickson, 786 N.E.2d 937 (Ohio Ct. App. 7th Dist. 2003). · cites it 4דThere is evidence in the record showing good cause for terminating the guardianship pursuant to R.C. 2111.46, and the judgment of the Belmont County Court of Common Pleas, Probate Division, is affirmed.”
In Re Pryor, 620 N.E.2d 973 (Ohio Ct. App. 4th Dist. 1993). “23(D), or from a probate court, R.C. 2111.46 and R.C. 2151.23(E). R.C. 2151.”
In re I.T.A., 2012-Ohio-1689. “at syllabus; see also R.C. 2111.46. Nevertheless, the probate court also is required to preside over the final accounting of the ward’s estate, and for this reason, the probate court retains continuing jurisdiction over the guardianship until it is settled and final, despite the…”
In re B.I.C., 2012-Ohio-3519. · cites it 2דIt, therefore, determined that there was good cause to terminate it under Section 2111.46 of the Ohio Revised Code.”
In re Guardianship of T.M.D.-D, 2021-Ohio-3249. · cites it 6ד20CA36 6 the court could remove the guardian for “good cause” under R.C. 2111.46. If the guardianship was permanent, the court had to apply R.”
In re Guardianship of Rahbek, 2020-Ohio-3223. “Contrast R.C. 2111.46 (addressing removal of a guardian of a minor).”
In re Spriggs, 2 Ohio App. Unrep. 209 (Ohio Ct. App. 4th Dist. 1990). · cites it 6ד04 as opposed to the "good cause" test set forth in R.C. 2111.46. We disagree. Appellant argues that Masitto v.”
In re B.E.V., 2019-Ohio-3153. · cites it 2ד{¶15} R.C. 2111.46 governs the guardianship of minors, and states, in pertinent part: {¶16} When a guardian has been appointed for a minor before the minor is over fourteen years of age, the guardian’s power shall continue until the ward arrives at the age of majority, unless…”
Cowan v. Comm'r, 109 T.C.M. 1434 (Tax Ct. 2015). · cites it 2דMarquis was "placed" with Ms. Cowan from 1991 until he turned 18 in 2004.”
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