Ohio Code § 2106.08

§ 2106.08.

If, because of a legal disability, a surviving spouse is unable to make an election

as provided by section 2106.01 of the Revised Code , as soon as the facts come to the knowledge of the probate court, the probate court

shall appoint some suitable person to ascertain the value of the provision made for

the surviving spouse by the testator, the value of the rights of the surviving spouse

in the estate of the testator under Chapter 2105. of the Revised Code, and the adequate

support needs of the surviving spouse after taking into consideration the other available

resources and the age, probable life expectancy, physical and mental condition, and

present and reasonably anticipated future needs of the surviving spouse.  The appointment by the court shall be made at any time within the times described

in division (E) of section 2106.01 of the Revised Code for making an election under that section. When the person so appointed returns the report of the person's investigation, the

court may elect for the surviving spouse to take under section 2105.06 of the Revised Code only if it finds, after taking into consideration the other available resources and

the age, probable life expectancy, physical and mental condition, and present and

reasonably anticipated future needs of the surviving spouse, that the election to

take under section 2105.06 of the Revised Code is necessary to provide adequate support for the surviving spouse during the surviving

spouse's life expectancy. After making its determination under this section, the court shall record upon its

journal the election made for the surviving spouse.  The election, when so entered, shall have the same effect as an election made by

one not under legal disability.