Ohio § 1337.28

§ 1337.28.

(A) In a power of attorney, a principal may nominate a guardian of the principal's person,

estate, or both and may nominate a guardian of the person, the estate, or both of

one or more of the principal's minor children or incompetent adult children, whether

born at the time of the execution of the power of attorney or afterward.  The nomination is for consideration by a court if proceedings for the appointment

of a guardian for the principal's person, estate, or both or if proceedings for the

appointment of a guardian of the person, the estate, or both of one or more of the

principal's minor children or incompetent adult children are commenced at a later

time.  The principal may authorize the person nominated as guardian or the agent to nominate

a successor guardian for consideration by a court.  The principal's nomination of a guardian of the principal's person, estate, or both

or the principal's nomination of a guardian of the person, the estate, or both of

one or more of the principal's minor children or incompetent adult children is revoked

by the principal's subsequent nomination of a guardian of the principal's person,

estate, or both or the principal's subsequent nomination of a guardian of the person,

the estate, or both of one or more of the principal'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 principal's most recent nomination.  Nomination of a person as a guardian or successor guardian of the person, the estate,

or both of one or more of the principal's minor children or incompetent adult children

under this division, 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. (B) The principal may direct that bond be waived for a person nominated as guardian or

as a successor guardian. (C) If, after a principal executes a power of attorney, a court appoints a guardian of

the principal's estate or other fiduciary charged with the management of some or all

of the principal's property, the agent is accountable to the fiduciary as well as

to the principal.  The power of attorney is not terminated and the agent's authority continues unless

limited, suspended, or terminated by the court after notice to the agent and upon

a finding that the limitation, suspension, or termination would be in the best interest

of the principal. (D) A power of attorney that contains the nomination of a person to be the guardian of

the person, the estate, or both of one or more of the principal's minor children or

incompetent adult children under this division 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) As used in this section, “incompetent” has the same meaning as in section 2111.01 of the Revised Code .