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Home » US Law » 2022 Ohio Revised Code » Title 59 | Veterans-Military Affairs » Chapter 5905 | Veterans' Guardianship Law

Section 5905.01 | Veterans’ Guardianship Law Definitions.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly As used in sections 5905.01 to 5905.19, inclusive, of the Revised Code: (A) “Person” means an individual, a partnership, a corporation, or an association. (B) “Veterans’ administration” means the veterans’ administration, its predecesssors, or successors. (C) “Income” means moneys received from the […]

Section 5905.02 | Commitment to the United States Veterans’ Administration.

Effective: September 29, 2013 Latest Legislation: House Bill 59 – 130th General Assembly Whenever it appears that a person is eligible for care or treatment by the veterans’ administration or other agency of the United States, and hospitalization is necessary for the proper care or treatment of such person, the probate court, upon receipt of […]

Section 5905.03 | Administrator Shall Be a Party in Interest.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of award, and in any suit or other proceeding affecting in […]

Section 5905.04 | Appointment of Guardian.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Whenever, pursuant to any law of the United States or regulation of the veterans’ administration, it is necessary prior to payment of benefits that a guardian be appointed, the appointment may be made in the manner provided in sections 5905.05 to 5905.09, […]

Section 5905.05 | Petition for Appointment of Guardian.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized to file such a petition. If there is no authorized person or if the authorized person […]

Section 5905.06 | Limitation of Guardianship – Exception.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly No person other than a bank or trust company shall be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the veterans’ administration or […]

Section 5905.07 | Guardian of Minor Ward.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Where a petition is filed for the appointment of a guardian for a minor as required by section 5905.05 of the Revised Code, a certificate of the administrator or his authorized representative setting forth the age of such minor as shown by […]

Section 5905.08 | Guardian of Mentally Incompetent Ward.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Where a petition is filed for the appointment of a guardian for a mentally incompetent ward as required by section 5905.05 of the Revised Code, a certificate of the administrator or his authorized representative that such person has been rated incompetent by […]

Section 5905.09 | Notice to Be Given.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Upon the filing of a petition for the appointment of a guardian under section 5905.05 of the Revised Code, notice shall be given to the veterans’ administration as provided by section 5905.03 of the Revised Code. Notice shall be given to the […]

Section 5905.10 | Bond of Guardian.

Effective: October 8, 1992 Latest Legislation: House Bill 427 – 119th General Assembly Upon the appointment of a guardian pursuant to sections 5905.04 to 5905.09 of the Revised Code, he shall execute and file a bond to be approved by the probate court in an amount, in the form, and conditioned as required of guardians […]

Section 5905.11 | Annual Account Filed With the Court.

Effective: October 31, 2001 Latest Legislation: House Bill 85 – 124th General Assembly Every guardian who has received or shall receive on account of the guardian’s ward any things of value from the veterans administration shall file with the probate court annually, on the anniversary date of the appointment, in addition to any other accounts […]

Section 5905.12 | Failure to File Account.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If any guardian fails to file with the probate court any account as required by section 5905.11 of the Revised Code, or by an order of the court, when any account is due, or within thirty days after citation issues as provided […]

Section 5905.13 | Compensation of Guardian.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Compensation payable to guardians shall be based upon services rendered and shall not exceed five per cent of the amount of moneys received during the period covered by the account required by section 5905.11 of the Revised Code. In the event of […]

Section 5905.14 | Investment of Surplus Funds of Estate.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Every guardian shall invest the surplus funds of his ward’s estate in such securities or property as is authorized under section 2109.37 of the Revised Code, but only upon prior order of the probate court; except that the funds may be invested, […]

Section 5905.15 | Provisions Applicable to Income and Estate.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Sections 5905.01 to 5905.19, inclusive, of the Revised Code relating to surety bonds and the administration of estates of wards shall apply to all “income” and “estate,” whether the guardian was appointed under such sections or under any other law of this […]

Section 5905.16 | Support of Person Other Than Ward.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward except upon petition to and prior order of the probate court after a hearing. A signed duplicate […]

Section 5905.17 | Real Estate May Be Purchased by Guardian.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The probate court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his interest, or, if he […]

Section 5905.18 | Certification of Public Record Without Charge.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When a copy of any public record is required by the veterans’ administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans’ administration or in the furtherance of any proceedings under sections […]

Section 5905.19 | Termination of Guardianship.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly In addition to any other sections of the Revised Code relating to judicial restoration and discharge of a guardian, a certificate by the veterans’ administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent […]