Ohio § 3109.58 Pending proceedings may preclude creation of power of attorney

Ohio Statutes

§ 3109.58 — Pending proceedings may preclude creation of power of attorney

Ohio § 3109.58

Title 31Domestic Relations-Children

Ch. 3109Children

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Bluebook

Ohio Rev. Code Ann. § 3109.58 (2026).

Text

(A)As used in this section, "temporary custody," "permanent custody," and "planned permanent living arrangement" have the same meanings as in section2151.011of the Revised Code.

(B)A power of attorney created pursuant to section3109.52of the Revised Code may not be executed with respect to a child while any of the following proceedings are pending regarding the child:

(1)A proceeding for the appointment of a guardian for, or the adoption of, the child;

(2)A juvenile proceeding in which one of the following applies:

(a)The temporary, permanent, or legal custody of the child or the placement of the child in a planned permanent living arrangement has been requested.

(b)The child is the subject of an ex parte emergency custody order issued under division (D) of section2151.31of the

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(A) As used in this section, "temporary custody," "permanent custody," and "planned permanent living arrangement" have the same meanings as in section2151.011of the Revised Code.

(B) A power of attorney created pursuant to section3109.52of the Revised Code may not be executed with respect to a child while any of the following proceedings are pending regarding the child:

(1) A proceeding for the appointment of a guardian for, or the adoption of, the child;

(2) A juvenile proceeding in which one of the following applies:

(a) The temporary, permanent, or legal custody of the child or the placement of the child in a planned permanent living arrangement has been requested.

(b) The child is the subject of an ex parte emergency custody order issued under division (D) of section2151.31of the Revised Code, and no hearing has yet been held regarding the child under division (A) of section2151.314of the Revised Code.

(c) The child is the subject of a temporary custody order issued under section2151.33of the Revised Code.

(3) A proceeding for divorce, dissolution, legal separation, annulment, or allocation of parental rights and responsibilities regarding the child.