Residency Requirement
for Ohio Guardians:
Guardians are not required to live in the same state to be appointed as guardian for minor children pursuant to a parent’s Will. However, in order for one person to serve as guardian for an adult in Ohio, he must live in the same state. A reason for that requirement is that it is difficult for a guardian to carry out his duties if the guardian does not have frequent face-to-face contact with his ward (i.e., the subject of the guardianship). [See O.R.C. Section 2109.21(C) which states that "A guardian ... shall be removed on proof that he is no longer a resident of this state."] This requirement may not make sense when the proposed guardian lives just across the state line. Some probate courts appear to interpret this requirement more strictly than others. Some may even allow a local person to be appointed as a co-guardian with someone who lives out of state, such as a parent who has retired and moved to Florida.






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