Ohio Rev. Code » Chapter 2111
Ohio Revised Code

Ohio Rev. Code § 2111.50 (2026)

Probate court is superior guardian of wards

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
PDF:
Download Authenticated PDF
 

(A)(1) At all times, the probate court is the superior guardian of wards who are subject to its jurisdiction, and all guardians who are subject to the jurisdiction of the court shall obey all orders of the court that concern their wards or guardianships.

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section, the control of a guardian over the person, the estate, or both of the guardian's ward is limited to the authority that is granted to the guardian by the Revised Code, relevant decisions of the courts of this state, and orders or rules of the probate court.

(b) Except for the powers specified in division (E) of this section and unless otherwise provided in or inconsistent with another section of the Revised Code, the probate court may confer upon a guardian any power that this section grants to the probate court in connection with wards. Nothing in this section is intended to create or imply a duty upon a guardian to apply for authority to exercise any power authorized in this section. No inference of impropriety or liability of the guardian or others associated with the guardian shall arise as a result of a guardian not applying for authority to exercise a power authorized in this section.

(c) For good cause shown, the probate court may limit or deny, by order or rule, any power that is granted to a guardian by a section of the Revised Code or relevant decisions of the courts of this state.

(B) In connection with any person whom the probate court has found to be an incompetent or a minor subject to guardianship and for whom the court has appointed a guardian, the court has, subject to divisions (C) to (E) of this section, all the powers that relate to the person and estate of the ward and that the ward could exercise if present and not a minor or under a disability, except the power to make or revoke a will. These powers include, but are not limited to, the power to do any of the following:

(1) Convey, release, or disclaim the present, contingent, or expectant interests in real or personal property of the ward, including, but not limited to, dower and any right of survivorship incident to a transfer on death designation, payable on death designation, survivorship tenancy, joint tenancy, or tenancy by the entireties;

(2) Exercise, release, or disclaim powers as a trustee, personal representative, custodian for a minor, guardian, or donee of a power of appointment;

(3) Subject to division (B)(4) of this section, enter into contracts that may not extend beyond the minority, disability, or life of the ward;

(4) Create, amend, or revoke revocable trusts of property of the estate of the ward that may extend beyond the minority, disability, or life of the ward;

(5) Exercise options to purchase securities or other property;

(6) Exercise rights to elect options under annuities and insurance policies, including changing beneficiaries of insurance policies, retirement plans, individual retirement accounts, and annuities, and to surrender an annuity or insurance policy for its cash value;

(7) Exercise the right to an elective share in the estate of the deceased spouse of the ward pursuant to Chapter 2106. of the Revised Code;

(8) Make gifts, in trust or otherwise, to relatives of the ward and, consistent with any prior pattern of the ward of giving to charities or of providing support for friends, to charities and friends of the ward.

(C) Except for the powers specified in division (D) of this section, all powers of the probate court that are specified in this chapter and that relate either to any person whom it has found to be an incompetent or a minor subject to guardianship and for whom it has appointed a guardian and all powers of a guardian that relate to the guardian's ward or guardianship as described in division (A)(2) of this section, shall be exercised in the best interest, as determined in the court's or guardian's judgment, of the following:

(1) The ward whom the probate court has found to be an incompetent or a minor subject to guardianship;

(2) The dependents of the ward;

(3) The members of the household of the ward.

(D) If the court is to exercise or direct the exercise, pursuant to division (B) of this section, of the power to make gifts in trust or otherwise, the following conditions shall apply:

(1) The exercise of the particular power shall not impair the financial ability of the estate of the ward whom the probate court has found to be an incompetent or a minor subject to guardianship and for whom the court has appointed a guardian, to provide for the ward's foreseeable needs for maintenance and care;

(2) If applicable, the court shall consider any of the following:

(a) The estate, income, and other tax advantages of the exercise of a particular power to the estate of a ward whom the probate court has found to be an incompetent or a minor subject to guardianship and for whom the court has appointed a guardian;

(b) Any pattern of giving of, or any pattern of support provided by, the ward prior to the ward's incompetence;

(c) The disposition of property made by the ward's will or revocable trust;

(d) If there is no knowledge of a will or revocable trust of the ward, the ward's prospective heirs;

(e) Any relevant and trustworthy statements of the ward, whether established by hearsay or other evidence.

(E)(1) The probate court shall cause notice as described in division (E)(2) of this section to be given and a hearing to be conducted prior to its exercise or direction of the exercise of any of the following powers pursuant to division (B) of this section:

(a) The exercise, release, or disclaimer of powers as a donee of a power of appointment;

(b) Unless the amount of the gift is no more than one thousand dollars, the making of a gift, in trust or otherwise;

(c) The power to create, amend, or revoke a revocable trust as described in division (B)(4) of this section;

(d) The power to exercise rights to elect options under annuities and insurance policies, including changing beneficiaries of insurance policies, retirement plans, individual retirement accounts, and annuities, and to surrender an annuity or insurance policy for its cash value, as described in division (B)(6) of this section.

(2) The notice required by division (E)(1) of this section shall be given to the following persons:

(a) Unless a guardian of a ward has applied for the exercise of a power specified in division (E)(1) of this section, to the guardian;

(b) To the ward whom the probate court has found to be an incompetent or a minor subject to guardianship;

(c) If known, to a guardian who applied for the exercise of a power specified in division (E)(1) of this section, to the prospective heirs of the ward whom the probate court has found to be an incompetent or a minor subject to guardianship under section 2105.06 of the Revised Code, to the beneficiaries under the last known will of the ward or under an existing revocable trust of the ward, and to any person who has a legal interest in property that may be divested or limited as the result of the exercise of a power specified in division (E)(1) of this section;

(d) To all of the following as applicable:

(i) The heirs at law and next of kin of the ward;

(ii) The beneficiaries under an existing will or revocable trust of the ward;

(iii) The beneficiaries of any insurance policies, retirement plans, individual retirement accounts, and annuities owned by the ward;

(iv) The beneficiaries under any proposed revocable trust and the proposed beneficiaries under any changes in the designation of beneficiaries of any insurance policies, retirement plans, individual retirement accounts, or annuities as described in division (E)(2)(d)(iii) of this section.

(e) To any other persons the court orders.

(F) When considering any question related to, and issuing orders for, medical or surgical care or treatment of incompetents or minors subject to guardianship, the probate court has full parens patriae powers unless otherwise provided by a section of the Revised Code.

Last updated May 20, 2021 at 2:11 PM

Notes of Decisions
Cited in 59 cases (17 in the last 5 years), 1991–2025 · leading case: In re Guardianship of Stein, 2004 Ohio 7114 (Ohio 2004).
Sort: Relevance Newest Treatment
In re Guardianship of Stein, 2004 Ohio 7114 (Ohio 2004). · cites it 12× “2d 876 (probate court has power under R.C. 2111.50 to authorize guardian of a minor to refuse or terminate life-sustaining care of ward).”
In re Guardianship of Lombardo, 716 N.E.2d 189 (Ohio 1999). · cites it 10× “170149 Pursuant to R.C. 2111.50 and 2101.24(A)(1)(d), the probate court held that it had the authority to order the appointed guardian to terminate the irrevocable voting trust because to do so was in Jean Lombardo’s best interest.”
In re Guardianship of Hollins, 872 N.E.2d 1214 (Ohio 2007). · cites it 4× “This power is granted by R.C. 2111.50, which states: {¶ 18} “(A)(1) At all times, the probate court is the superior guardian of wards who are subject to its jurisdiction, and all guardians who are subject to the jurisdiction of the court shall obey all orders of the court that…”
In re Guardianship of S.H., 2013 Ohio 4380 (Ohio Ct. App. 2013). · cites it 3× “1992); R.C. 2111.50(C). The probate court’s ruling regarding the appointment of a guardian will not be reversed absent an abuse of discretion if it is supported by competent, credible evidence.”
In re Guardianship of Spangler, 2010 Ohio 2471 (Ohio 2010). · cites it 2× “” {¶ 52} In addition, the probate court is the “superior guardian,” and other guardians must obey all probate orders: “At all times, the probate court is the superior guardian of wards who are subject to its jurisdiction, and all guardians who are subject to the jurisdiction of…”
In Re Guardianship of Thomas, 771 N.E.2d 882 (Ohio Ct. App. 2002). · cites it 2× “{¶ 86} In this regard, R.C. 2111.50(A)(1) provides, in part, that, “[a]t all times, the probate court is the superior guardian of wards who are subject to its jurisdiction.”
Art v. Erwin, 956 N.E.2d 879 (Ohio Ct. App. 2011). · cites it 6× “R.C. 2111.50 sets forth the parameters of a guardian’s authority to act on behalf of a ward.”
In re Est. of Boone, 2010 Ohio 6269 (Ohio Ct. App. 2010). · cites it 3× “{¶ 51} Appellant’s fourth assignment of error states: {¶ 52} “The probate court erred in rejecting the magistrate’s decision of June 12, 2009, when it incorrectly interpreted the ‘best interest of the ward’ test under R.C. 2111.50.” {¶ 53} Appellant contends that the probate…”
Harrison v. Faseyitan, 823 N.E.2d 925 (Ohio Ct. App. 2004). · cites it 2× “01(B) (a ward is defined as one for whom a guardian is acting or for whom the prohate court is acting pursuant to R.C. 2111.50).”
Garber v. Schneider, 2022 Ohio 1777 (Ohio Ct. App. 2022). · cites it 14× “In addition, the court sua sponte revoked the trust amendment pursuant to the court’s authority under R.C. 2111.50. Schneider now appeals. {¶3} We reverse the probate court’s judgment because it should not have granted summary judgment where there was conflicting evidence as to…”
In re Guardianship of Keane, 2020 Ohio 1105 (Ohio Ct. App. 2020). · cites it 2× “; R.C. 2111.50(A)(1). With the exception of the disposition of gifts from a ward’s estate, the power of the court relative to one declared a ward is to be exercised in his or her best interests.”
Campbell v. Krupp, 961 N.E.2d 205 (Ohio Ct. App. 2011). “{¶ 60} R.C. 2111.50(A)(1) states, “At all times, the probate court is the superior guardian of wards who are subject to its jurisdiction, and all guardians who are subject to the jurisdiction of the court shall obey all orders of the court that concern their wards or…”
Show all 59 citing cases →
— Ohio Rev. Code § 2111.50(A)(1) — 38 cases
In re Guardianship of Spangler, 2010 Ohio 2471 (Ohio 2010). “” {¶ 52} In addition, the probate court is the “superior guardian,” and other guardians must obey all probate orders: “At all times, the probate court is the superior guardian of wards who are subject to its jurisdiction, and all guardians who are subject to the jurisdiction of…”
In re Guardianship of Hollins, 872 N.E.2d 1214 (Ohio 2007). “This power is granted by R.C. 2111.50, which states: {¶ 18} “(A)(1) At all times, the probate court is the superior guardian of wards who are subject to its jurisdiction, and all guardians who are subject to the jurisdiction of the court shall obey all orders of the court that…”
Campbell v. Krupp, 961 N.E.2d 205 (Ohio Ct. App. 2011). “{¶ 60} R.C. 2111.50(A)(1) states, “At all times, the probate court is the superior guardian of wards who are subject to its jurisdiction, and all guardians who are subject to the jurisdiction of the court shall obey all orders of the court that concern their wards or…”
In Re Guardianship of Thomas, 771 N.E.2d 882 (Ohio Ct. App. 2002). “{¶ 86} In this regard, R.C. 2111.50(A)(1) provides, in part, that, “[a]t all times, the probate court is the superior guardian of wards who are subject to its jurisdiction.”
Thomas v. Delgado, 2022 Ohio 4235 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2111.50(A)(2)(a) — 1 case
Art v. Erwin, 956 N.E.2d 879 (Ohio Ct. App. 2011). “R.C. 2111.50 sets forth the parameters of a guardian’s authority to act on behalf of a ward.”
— Ohio Rev. Code § 2111.50(A)(2)(b) — 3 cases
In re Guardianship of Lombardo, 716 N.E.2d 189 (Ohio 1999). “170149 Pursuant to R.C. 2111.50 and 2101.24(A)(1)(d), the probate court held that it had the authority to order the appointed guardian to terminate the irrevocable voting trust because to do so was in Jean Lombardo’s best interest.”
Art v. Erwin, 956 N.E.2d 879 (Ohio Ct. App. 2011). “R.C. 2111.50 sets forth the parameters of a guardian’s authority to act on behalf of a ward.”
In re Guardianship of Lombardo, 1999 Ohio 132 (Ohio 1999).
— Ohio Rev. Code § 2111.50(A)(2)(c) — 1 case
In re C.W., 2014 Ohio 2934 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2111.50(B) — 7 cases
In re Guardianship of Lombardo, 716 N.E.2d 189 (Ohio 1999). “170149 Pursuant to R.C. 2111.50 and 2101.24(A)(1)(d), the probate court held that it had the authority to order the appointed guardian to terminate the irrevocable voting trust because to do so was in Jean Lombardo’s best interest.”
In Re Guardianship of Thomas, 771 N.E.2d 882 (Ohio Ct. App. 2002). “{¶ 86} In this regard, R.C. 2111.50(A)(1) provides, in part, that, “[a]t all times, the probate court is the superior guardian of wards who are subject to its jurisdiction.”
Art v. Erwin, 956 N.E.2d 879 (Ohio Ct. App. 2011). “R.C. 2111.50 sets forth the parameters of a guardian’s authority to act on behalf of a ward.”
Kormanik v. Cooper, 961 N.E.2d 1187 (Ohio Ct. App. 2011).
In re Guardianship of Lieber, 2020 Ohio 5625 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2111.50(B)(1) — 3 cases
Est. of Gravis v. Coffee, 2019 Ohio 2806 (Ohio Ct. App. 2019).
Gasper v. Adkins, 2018 Ohio 3941 (Ohio Ct. App. 2018).
Ohio Atty. Gen. v. Lager, 2025 Ohio 5649 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2111.50(B)(4) — 1 case
Garber v. Schneider, 2022 Ohio 1777 (Ohio Ct. App. 2022). “In addition, the court sua sponte revoked the trust amendment pursuant to the court’s authority under R.C. 2111.50. Schneider now appeals. {¶3} We reverse the probate court’s judgment because it should not have granted summary judgment where there was conflicting evidence as to…”
— Ohio Rev. Code § 2111.50(C) — 9 cases
In re Guardianship of S.H., 2013 Ohio 4380 (Ohio Ct. App. 2013). “1992); R.C. 2111.50(C). The probate court’s ruling regarding the appointment of a guardian will not be reversed absent an abuse of discretion if it is supported by competent, credible evidence.”
In re Anderson, 2013 Ohio 2012 (Ohio Ct. App. 2013).
In re Est. of Boone, 2010 Ohio 6269 (Ohio Ct. App. 2010). “{¶ 51} Appellant’s fourth assignment of error states: {¶ 52} “The probate court erred in rejecting the magistrate’s decision of June 12, 2009, when it incorrectly interpreted the ‘best interest of the ward’ test under R.C. 2111.50.” {¶ 53} Appellant contends that the probate…”
In re Guardianship of Igah, 2015 Ohio 4511 (Ohio Ct. App. 2015).
In Re Guardianship of Schneider, 806 N.E.2d 610 (Ohio Ct. App. 2004).
— Ohio Rev. Code § 2111.50(C)(1) — 4 cases
In re Guardianship of Keane, 2020 Ohio 1105 (Ohio Ct. App. 2020). “; R.C. 2111.50(A)(1). With the exception of the disposition of gifts from a ward’s estate, the power of the court relative to one declared a ward is to be exercised in his or her best interests.”
In re C.W., 2014 Ohio 2934 (Ohio Ct. App. 2014).
In re Guardianship of Robinson, 2024 Ohio 942 (Ohio Ct. App. 2024).
In re Guardianship of K.A.H., 2025 Ohio 1668 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2111.50(E) — 1 case
Garber v. Schneider, 2022 Ohio 1777 (Ohio Ct. App. 2022). “In addition, the court sua sponte revoked the trust amendment pursuant to the court’s authority under R.C. 2111.50. Schneider now appeals. {¶3} We reverse the probate court’s judgment because it should not have granted summary judgment where there was conflicting evidence as to…”
— Ohio Rev. Code § 2111.50(E)(1) — 1 case
Garber v. Schneider, 2022 Ohio 1777 (Ohio Ct. App. 2022). “In addition, the court sua sponte revoked the trust amendment pursuant to the court’s authority under R.C. 2111.50. Schneider now appeals. {¶3} We reverse the probate court’s judgment because it should not have granted summary judgment where there was conflicting evidence as to…”
— Ohio Rev. Code § 2111.50(E)(2)(d)(ii) — 1 case
Garber v. Schneider, 2022 Ohio 1777 (Ohio Ct. App. 2022). “In addition, the court sua sponte revoked the trust amendment pursuant to the court’s authority under R.C. 2111.50. Schneider now appeals. {¶3} We reverse the probate court’s judgment because it should not have granted summary judgment where there was conflicting evidence as to…”
— Ohio Rev. Code § 2111.50(F) — 2 cases
In re Guardianship of Stein, 2004 Ohio 7114 (Ohio 2004). “2d 876 (probate court has power under R.C. 2111.50 to authorize guardian of a minor to refuse or terminate life-sustaining care of ward).”
In re Guardianship of S.H., 2013 Ohio 4380 (Ohio Ct. App. 2013). “1992); R.C. 2111.50(C). The probate court’s ruling regarding the appointment of a guardian will not be reversed absent an abuse of discretion if it is supported by competent, credible evidence.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.