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OH HB527
Bill
Status
2/26/2018
Primary Sponsor
Sarah LaTourette
Click for details
AI Summary
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Allows spouses, adult children, adult grandchildren, parents, adult siblings, or other interested persons to petition probate court for reasonable visitation with an incompetent or ward if visitation has been unreasonably interfered with or denied.
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Creates a rebuttable presumption that visitation is in the best interest of the incompetent or ward, with the burden on others to prove by clear and convincing evidence that visitation would cause physical or financial harm.
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Petition must include the petitioner's relationship to the incompetent or ward, evidence that visitation has been unreasonably interfered with or denied, and identity of persons blocking visitation, served by certified mail.
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Probate court may impose reasonable restrictions on visits including time or frequency limitations and monitoring requirements before denying a petition.
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Court may assess costs and attorney's fees against petitioners filing in bad faith or against parties unjustifiably interfering with visitation, but may not assess costs against the incompetent or ward subject to the petition.
Legislative Description
Petition probate court for visitation if denied
Courts and Civil Law
Last Action
Refer to Committee: Aging and Long Term Care
3/6/2018