Deposit of a Power of Attorney or a Nomination of Guardian for a Minor or Incompetent Adult Child.
RC 1337.38 authorizes the Court to accept for safekeeping deposit a power of attorney that contains a nomination of a guardian for a minor child, or an adult incompetent child, of the principal.
RC 2111.121 authorizes the Court to accept for safekeeping deposit an instrument (not a power of attorney), that (A) is signed by the maker in the presence of two witnesses who sign with an attestation immediately before their signatures, or is acknowledged and signed in the presence of a notary public, and (B) contains a nomination of a guardian for a minor child, or an adult incompetent child, of the maker.
The acceptance of either instrument by the Court for filing does not constitute a determination of the validity or the effectiveness of the instrument. Either instrument is considered to be a case document open for public access under Ohio Superintendence Rule 45.
The Court does not draft either the power of attorney or the nomination instrument. The Court does not provide forms for either purpose.
A depositor should complete the applicable form below and tender it to the Court with the signed original instrument containing the nomination and with the $15.00 safekeeping costs deposit.