l_136_1941
136th General Assembly
Regular Session . B. No.
2025-2026
To amend section 2111.121 and to enact section
3109.044 of the Revised Code to enact the Parker
Kahle Act regarding an order allocating parental
rights and responsibilities for or parenting
time with an adult child with a disability while
a guardianship proceeding is pending.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2111.121 be amended and section
3109.044 of the Revised Code be enacted to read as follows:
Sec. 2111.121. (A) A person may nominate in a writing, as
described in this division, another person to be the guardian of
the nominator's person, estate, or both or the guardian of the
person, the estate, or both, of one or more of the nominator's
minor or incompetent adult children, whether born at the time of
the execution of the writing or afterward, subject to notice and
a hearing pursuant to section 2111.02 of the Revised Code. The
nomination is for consideration by a court if proceedings for
the appointment of a guardian of the person, the estate, or
both, for the person making the nomination or if proceedings for
the appointment of a guardian as the guardian of the person, the
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estate, or both of one or more of the nominator's minor or
incompetent adult children are commenced at a later time. The
person may authorize, in a writing of that nature, the person
nominated as guardian to nominate a successor guardian for
consideration by a court. The person also may direct, in a
writing of that nature, that bond be waived for a person
nominated as guardian in it or nominated as a successor guardian
in accordance with an authorization in it.
To be effective as a nomination, the writing shall be
signed by the person making the nomination in the presence of
two witnesses; signed by the witnesses; and contain, immediately
prior to their signatures, an attestation of the witnesses that
the person making the nomination signed the writing in their
presence; or be acknowledged by the person making the nomination
before a notary public.
(B) A person's nomination, in a writing as described in
division (A) of this section, of a guardian of the nominator's
person, estate, or both or of a guardian of the person, the
estate, or both of one or more of the nominator's minor children
or incompetent adult children is revoked by the person's
subsequent nomination, in a writing as described in division (A)
of this section, of a guardian of the nominator's person,
estate, or both or of a guardian of the person, the estate, or
both of one or more of the nominator'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 person's most recent nomination. If the
writing contains a waiver of bond, the court shall waive bond of
the person nominated as guardian unless it is of the opinion
that the interest of the trust demands it.
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estate, or both of one or more of the nominator's minor or
incompetent adult children are commenced at a later time. The
person may authorize, in a writing of that nature, the person
nominated as guardian to nominate a successor guardian for
consideration by a court. The person also may direct, in a
writing of that nature, that bond be waived for a person
nominated as guardian in it or nominated as a successor guardian
in accordance with an authorization in it.
To be effective as a nomination, the writing shall be
signed by the person making the nomination in the presence of
two witnesses; signed by the witnesses; and contain, immediately
prior to their signatures, an attestation of the witnesses that
the person making the nomination signed the writing in their
presence; or be acknowledged by the person making the nomination
before a notary public.
(B) A person's nomination, in a writing as described in
division (A) of this section, of a guardian of the nominator's
person, estate, or both or of a guardian of the person, the
estate, or both of one or more of the nominator's minor children
or incompetent adult children is revoked by the person's
subsequent nomination, in a writing as described in division (A)
of this section, of a guardian of the nominator's person,
estate, or both or of a guardian of the person, the estate, or
both of one or more of the nominator'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 person's most recent nomination. If the
writing contains a waiver of bond, the court shall waive bond of
the person nominated as guardian unless it is of the opinion
that the interest of the trust demands it.
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(C) Nomination of a person as a guardian or successor
guardian of the person, the estate, or both of one or more of
the nominator's minor or incompetent adult children under
division (A) of this section, 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.
(D) The writing containing the nomination of a person to
be the guardian of the person, the estate, or both of one or
more of the nominator's minor or incompetent adult children
under division (A) of this section 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) The nomination of a person to be the guardian of the
nominator's incompetent adult child under division (A) of this
section may be filed at any time after the child reaches
seventeen years of age.
Sec. 3109.044. (A) As used in this section, "person with a
disability" has the same meaning as in section 3119.10 of the
Revised Code.
(B) When a person with a disability is the subject of a
pending proceeding or a court order to allocate parental rights
and responsibilities and has reached the age of majority, the
court shall retain jurisdiction of the allocation or parental
rights and responsibilities for the care of the person with a
disability until a probate court has issued a final order
appointing a guardian for the person with a disability pursuant
to Chapter 2111. of the Revised Code. The court having
jurisdiction shall address and issue any necessary final
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(C) Nomination of a person as a guardian or successor
guardian of the person, the estate, or both of one or more of
the nominator's minor or incompetent adult children under
division (A) of this section, 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.
(D) The writing containing the nomination of a person to
be the guardian of the person, the estate, or both of one or
more of the nominator's minor or incompetent adult children
under division (A) of this section 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) The nomination of a person to be the guardian of the
nominator's incompetent adult child under division (A) of this
section may be filed at any time after the child reaches
seventeen years of age.
Sec. 3109.044. (A) As used in this section, "person with a
disability" has the same meaning as in section 3119.10 of the
Revised Code.
(B) When a person with a disability is the subject of a
pending proceeding or a court order to allocate parental rights
and responsibilities and has reached the age of majority, the
court shall retain jurisdiction of the allocation or parental
rights and responsibilities for the care of the person with a
disability until a probate court has issued a final order
appointing a guardian for the person with a disability pursuant
to Chapter 2111. of the Revised Code. The court having
jurisdiction shall address and issue any necessary final
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appealable orders prior to transferring or terminating
jurisdiction of the parental rights and responsibilities for
care of the person with a disability.
(C) Any existing order allocating parental rights and
responsibilities for the care of, or parenting time rights or
visitation and companionship rights with, the person with a
disability shall remain in effect until the probate court has
issued a final order appointing the guardian for the person with
a disability under Chapter 2111. of the Revised Code.
(D) The court having jurisdiction shall prohibit either
parent from canceling or making changes to any existing health
care coverage or public assistance benefits for the person with
a disability while the proceeding to appoint a guardian for the
person with a disability is pending.
(E) The court having jurisdiction may appoint a guardian
ad litem for the person with a disability who is the subject of
a proceeding or order for the allocation of parental rights and
responsibilities for or parenting time rights or visitation and
companionship rights until the probate court issues a final
order appointing a guardian for the person with a disability. If
the court having jurisdiction has appointed a guardian ad litem
for the person with a disability, the guardian ad litem shall
conduct an investigation without bias against the gender of the
parent or the person with a disability. The guardian ad litem
shall thoroughly review all case filings, including any previous
reports by a guardian ad litem.
A guardian ad litem appointed under this division shall
bill for costs based on the time the guardian ad litem spends
reviewing or discussing information relevant to the case. The
costs shall be capped at the amount the court assigns for the
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appealable orders prior to transferring or terminating
jurisdiction of the parental rights and responsibilities for
care of the person with a disability.
(C) Any existing order allocating parental rights and
responsibilities for the care of, or parenting time rights or
visitation and companionship rights with, the person with a
disability shall remain in effect until the probate court has
issued a final order appointing the guardian for the person with
a disability under Chapter 2111. of the Revised Code.
(D) The court having jurisdiction shall prohibit either
parent from canceling or making changes to any existing health
care coverage or public assistance benefits for the person with
a disability while the proceeding to appoint a guardian for the
person with a disability is pending.
(E) The court having jurisdiction may appoint a guardian
ad litem for the person with a disability who is the subject of
a proceeding or order for the allocation of parental rights and
responsibilities for or parenting time rights or visitation and
companionship rights until the probate court issues a final
order appointing a guardian for the person with a disability. If
the court having jurisdiction has appointed a guardian ad litem
for the person with a disability, the guardian ad litem shall
conduct an investigation without bias against the gender of the
parent or the person with a disability. The guardian ad litem
shall thoroughly review all case filings, including any previous
reports by a guardian ad litem.
A guardian ad litem appointed under this division shall
bill for costs based on the time the guardian ad litem spends
reviewing or discussing information relevant to the case. The
costs shall be capped at the amount the court assigns for the
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deposit for the guardian ad litem, unless a party requests and
accepts responsibility of payment for additional time with the
guardian ad litem. The court having jurisdiction shall allocate
payment by each party for the guardian ad litem in proportion to
the time spent with each parent. Upon approving the final order
for payment, the court shall order the entity holding the
deposit to issue a refund of any remaining deposit funds.
Section 2. That existing section 2111.121 of the Revised
Code is hereby repealed.
Section 3. This act shall be known as the Parker Kahle
Act.
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deposit for the guardian ad litem, unless a party requests and
accepts responsibility of payment for additional time with the
guardian ad litem. The court having jurisdiction shall allocate
payment by each party for the guardian ad litem in proportion to
the time spent with each parent. Upon approving the final order
for payment, the court shall order the entity holding the
deposit to issue a refund of any remaining deposit funds.
Section 2. That existing section 2111.121 of the Revised
Code is hereby repealed.
Section 3. This act shall be known as the Parker Kahle
Act.
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