Ohio Code § 5305.17

§ 5305.17.

As used in this section and sections 5305.18 to 5305.22 of the Revised Code , “ incompetent person ” means a person who is so mentally impaired, as a result of a mental or physical

illness or disability, as a result of an intellectual disability, or as a result of

chronic substance abuse, that the person is incapable of taking proper care of the

person's self or property or fails to provide for the person's family or other persons

for whom the person is charged by law to provide. The guardian of a surviving spouse who has been adjudged to be an incompetent person

may appear and answer for such incompetent person in an action under section 5305.15 of the Revised Code , subject to the approval of the court in which it is pending.  Such answer has the same effect as if such spouse answered personally.  The guardian shall be liable to such spouse, or the heirs, for all damage or loss

sustained by the guardian's fraud or collusion, notwithstanding the approval of the

court.