Ohio Code § 1337.28
Ohio Code § 1337.28. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 1337.28.
(A) In a power of attorney, a principal may nominate a guardian of the principal's person,
estate, or both and may nominate a guardian of the person, the estate, or both of
one or more of the principal's minor children or incompetent adult children, whether
born at the time of the execution of the power of attorney or afterward. The nomination is for consideration by a court if proceedings for the appointment
of a guardian for the principal's person, estate, or both or if proceedings for the
appointment of a guardian of the person, the estate, or both of one or more of the
principal's minor children or incompetent adult children are commenced at a later
time. The principal may authorize the person nominated as guardian or the agent to nominate
a successor guardian for consideration by a court. The principal's nomination of a guardian of the principal's person, estate, or both
or the principal's nomination of a guardian of the person, the estate, or both of
one or more of the principal's minor children or incompetent adult children is revoked
by the principal's subsequent nomination of a guardian of the principal's person,
estate, or both or the principal's subsequent nomination of a guardian of the person,
the estate, or both of one or more of the principal's minor children or incompetent
adult children, and, except for good cause shown or disqualification, the court shall
make its appointment in accordance with the principal's most recent nomination. Nomination of a person as a guardian or successor guardian of the person, the estate,
or both of one or more of the principal's minor children or incompetent adult children
under this division, and any subsequent appointment of the guardian or successor guardian
as guardian under section 2111.02 of the Revised Code , does not vacate the jurisdiction of any other court that previously may have exercised
jurisdiction over the person of the minor or incompetent adult child. (B) The principal may direct that bond be waived for a person nominated as guardian or
as a successor guardian. (C) If, after a principal executes a power of attorney, a court appoints a guardian of
the principal's estate or other fiduciary charged with the management of some or all
of the principal's property, the agent is accountable to the fiduciary as well as
to the principal. The power of attorney is not terminated and the agent's authority continues unless
limited, suspended, or terminated by the court after notice to the agent and upon
a finding that the limitation, suspension, or termination would be in the best interest
of the principal. (D) A power of attorney that contains the nomination of a person to be the guardian of
the person, the estate, or both of one or more of the principal's minor children or
incompetent adult children under this division may be filed with the probate court
for safekeeping, and the probate court shall designate the nomination as the nomination
of a standby guardian. (E) As used in this section, “incompetent” has the same meaning as in section 2111.01 of the Revised Code .
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 1337.28
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 1337.28 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
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