2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2111: GUARDIANS; CONSERVATORSHIPS
2111.12 [Effective Until1/13/2012] Guardian of minor.

(A) A minor over the age of fourteen years may select a guardian who shall be appointed if a suitable person. If such minor fails to select a suitable person, an appointment may be made without reference to the minor’s wishes. The minor shall not select one person to be the guardian of the minor’s estate only and another to be the guardian of the person only, unless the court which appoints is of the opinion that the interests of such minor will thereby be promoted.

(B) A surviving parent by last will in writing may appoint a guardian for any of the surviving parent’s children, whether born at the time of making the will or afterward, to continue during the minority of the child or for a less time.

When the father or mother of a minor names a person as guardian of the estate of such minor in a will, the person named shall have preference in appointment over the person selected by such minor. A person named in such a will as guardian of the person of such minor shall have no preference in appointment over the person selected by such minor, but in such event the probate court may appoint the person named in the will, the person selected by the minor, or some other person.

Whenever a testamentary guardian is appointed, the testamentary guardian’s duties, powers, and liabilities in all other respects shall be governed by the law regulating guardians not appointed by will.

(C) A parent pursuant to a durable power of attorney as described in division (D) of section 1337.09 or a writing as described in division (A) of section 2111.121 of the Revised Code may nominate a person to be a guardian for one or more of the parent’s minor children, whether born at the time of the making of the petition or afterward.

Effective Date: 01-14-1997

This section is set out twice. See also § 2111.12, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2111.12 [Effective1/13/2012] Guardian of minor

(A) A minor over the age of fourteen years may select a guardian who shall be appointed if a suitable person. If the minor fails to select a suitable person, an appointment may be made without reference to the minor’s wishes. The minor shall not select one person to be the guardian of the minor’s estate only and another to be the guardian of the person only, unless the court that appoints the guardian is of the opinion that the interests of the minor will be promoted by that selection.

(B) A surviving parent by a will in writing may appoint a guardian for any of the surviving parent’s children, whether born at the time of making the will or afterward, to continue during the minority of the child or for a less time.

When the father or mother of a minor names a person as guardian of the estate of the minor in a will, the person named shall have preference in appointment over the person selected by the minor. A person named in that will as guardian of the person of the minor shall have no preference in appointment over the person selected by the minor, but in that event the probate court may appoint the person named in the will, the person selected by the minor, or some other person.

Whenever a testamentary guardian is appointed, the testamentary guardian’s duties, powers, and liabilities in all other respects shall be governed by the law regulating guardians not appointed by will.

(C) A parent pursuant to a durable power of attorney as described in division (D) of section 1337.09 or a writing as described in division (A) of section 2111.121 of the Revised Code may nominate a person to be a guardian for one or more of the parent’s minor children, whether born at the time of the making of the nomination or afterward.

Amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

Effective Date: 01-14-1997

This section is set out twice. See also § 2111.12, effective until 1/13/2012.