Upon reasonable notice to the guardian, to the ward, and to the person on whose application the appointment was made, and upon satisfactory proof that the necessity for the guardianship no longer exists or that the letters of appointment were improperly issued, the probate court shall order that the guardianship of an incompetent terminate and shall make an appropriate entry upon the journal. Thereupon the guardianship shall cease, the accounts of the guardian shall be settled by the court, and the ward shall be restored to the full control of the ward's property as before the appointment. Such entry terminating the guardianship of an incompetent person shall have the same effect as a determination by the court that such person is competent.
Notes of Decisions
Cited in 23
cases (3 in the last 5 years), 1955–2023 · leading case: In Re Guardianship of Kelley, 204 N.E.2d 96 (Ohio Ct. App. 1964).
In Re Guardianship of Kelley, 204 N.E.2d 96 (Ohio Ct. App. 1964). · cites it 12ד” The first assignment of error presents the question of whether the guardianship of an adult incompetent may be terminated under the provisions of Section 2111.47, Revised Code, pursuant to motion of a person claiming no relationship to the ward, or her estate, except as the…”
In Re Guardianship of Escola, 534 N.E.2d 866 (Ohio Ct. App. 1987). · cites it 3ד) R.C. 2111.47, wards other than minors, provides: “Upon reasonable notice to the guardian, to the ward, and to the person on whose application the appointment was made, and wpon satisfactory proof that the necessity for the guardianship no longer exists or that the letters of…”
Love v. Tupman, 249 N.E.2d 794 (Ohio 1969). · cites it 2דThe application to terminate the guardianship was filed in the Probate Court under favor of Section 2111.47, Revised Code. The decisions in three cases decided by this court seem to be pertinent to a determination of the issue before us.”
Burns v. Daily, 683 N.E.2d 1164 (Ohio Ct. App. 1996). “R.C. 2111.47 (guardianship terminates upon determination that letters of appointment were improperly issued).”
In re Nauth, 2016 Ohio 5089 (Ohio Ct. App. 2016). · cites it 4דRevised Code Section 2111.47 provides that, “upon satisfactory proof that the necessity for [a] guardianship no longer exists or that the letters of appointment were improperly issued, the probate court shall order that the guardianship of an incompetent terminate * * *.”
Wilburn v. Allen, 552 N.E.2d 934 (Ohio 1990). “The Barr standard is consistent with the language of R.C. 2111.47, dealing with wards other than minors, which provides in part: “Upon reasonable notice to the guardian, to the ward, and to the person on whose application the appointment was made, and wpon satisfactory proof…”
In Re Bolander, 624 N.E.2d 322 (Ohio Ct. App. 1993). “R.C. 2111.47 provides that upon the presentation of “satisfactory proof’ that the reason for the guardianship no longer exists, the probate court must order its termination.”
In Re Guardianship of Gallagher, 441 N.E.2d 593 (Ohio Ct. App. 1981). “*221 R.C. 2111.47 reads in part as follows: “Upon reasonable notice to the guardian, to the ward, to the person on whose application the appointment was made, and upon satisfactory proof that the necessity for the guardianship no longer exists or that letters of appointment were…”
In re Guardianship of Poulos, 2011 Ohio 6472 (Ohio Ct. App. 2011). · cites it 2ד{¶ 19} Pursuant to R.C. 2111.47, a guardianship may be terminated upon “satisfactory proof” that the necessity for the guardianship no longer exists.”
In re Guardianship of Whitmer, 2023 Ohio 1084 (Ohio Ct. App. 2023). · cites it 16דASSIGNMENT OF ERROR II THE PROBATE COURT ERRED IN CONCLUDING THAT NEITHER OF THE R.C. 2111.47 GROUNDS FOR TERMINATING A GUARDIANSHIP WERE PRESENT.”
In re Guardianship of Baker, 2021 Ohio 3692 (Ohio Ct. App. 2021). · cites it 10ד” The motion argued that the judgment appointing a guardian was “void or voidable” and should be vacated pursuant to R.C. 2111.47 and/or Civ.R. 60(B)(5). {¶ 19} The motion further asserted that Bryant had standing to set aside the judgment because he was Baker’s…”
In re Guardianship of Carpenter, 2016 Ohio 3389 (Ohio Ct. App. 2016). “49 does not specify that a ward needs to be given notice of a hearing on a motion, R.C. 2111.47 specifically provides that a ward -6- Case No.”
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