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To amend section 2106.18 and to enact sections | 1 |
1337.18, 1337.19, and 1337.20 of the Revised Code | 2 |
to permit a surviving spouse to take a motorcycle | 3 |
as one of the two automobiles the surviving spouse | 4 |
may receive outside of probate, to create a | 5 |
statutory form for the creation of a power of | 6 |
attorney, to set forth the general powers of an | 7 |
attorney in fact under a power of attorney, and to | 8 |
provide for the construction of the powers of an | 9 |
attorney in fact under a power of attorney created | 10 |
by use of the statutory form. | 11 |
Section 1. That section 2106.18 be amended and sections | 12 |
1337.18, 1337.19, and 1337.20 of the Revised Code be enacted to | 13 |
read as follows: | 14 |
Sec. 1337.18. (A) The following form may be used to create a | 15 |
power of attorney: | 16 |
17 |
[The powers granted by this document are broad and sweeping. They | 18 |
are explained in Ohio Revised Code section 1337.20. If you have | 19 |
any questions about these powers, obtain legal advice. You can use | 20 |
any different form of power of attorney you may desire. This | 21 |
document does not authorize anyone to make health-care decisions | 22 |
for you. You can revoke this power of attorney at any time.] | 23 |
Principal (Person Granting the Power) | 24 | ||
Name: | 25 | ||
Address: | 26 | ||
27 | |||
Telephone: | 28 |
1. Notice to Principal. | 29 |
As the principal, you are using this document to give authority to | 30 |
another person, known as your agent or attorney-in-fact, to make | 31 |
decisions regarding your money and property. Your agent will have | 32 |
the powers that you indicate below to make decisions about your | 33 |
money and property without advance notice to you or approval by | 34 |
you. | 35 |
Unless expressly authorized in the power of attorney, a power of | 36 |
attorney does not grant authority to an agent to do any of the | 37 |
following: | 38 |
(a) Create, modify, or revoke a trust; | 39 |
(b) Fund with your property a trust not created by you or a person | 40 |
authorized to create a trust for your benefit; | 41 |
(c) Make or revoke a gift of your property in trust or otherwise; | 42 |
(d) Create or change rights of survivorship in your property or in | 43 |
property in which you may have an interest; | 44 |
(e) Designate or change the designation of a beneficiary to | 45 |
receive any property, benefit, or contractual right on your death, | 46 |
such as insurance benefits and retirement benefits; | 47 |
(f) Create in the agent or a person to whom the agent owes a legal | 48 |
duty of support the right to receive property, a benefit, or a | 49 |
contractual right in which you have an interest; | 50 |
(g) Delegate the powers granted under the power of attorney to | 51 |
another person. | 52 |
(h) Elect or change a retirement allowance plan of payment on your | 53 |
behalf under Ohio Revised Code Chapter 145., 742., 3305., 3307., | 54 |
3309., or 5505., other than a joint and survivor annuity leaving | 55 |
one-half to your spouse if you are married, a single life annuity | 56 |
if you are single, or any plan that includes a partial lump sum | 57 |
option; except that no express authority is necessary to elect a | 58 |
plan that meets the minimum requirements of a court order to elect | 59 |
a plan that will pay a lifetime benefit to a former spouse. | 60 |
(i) If authorized under Ohio Revised Code section 145.814, change | 61 |
an election made under Ohio Revised Code section 145.19 or | 62 |
145.191. | 63 |
(j) Terminate your membership in the public employees retirement | 64 |
system, state teachers retirement system, school employees | 65 |
retirement system, Ohio police and fire pension fund, or state | 66 |
highway patrol retirement system by withdrawing your accumulated | 67 |
employee contributions. | 68 |
The powers that you give to your agent are explained more fully in | 69 |
Ohio Revised Code sections 1337.19 and 1337.20. If you have any | 70 |
questions about this document or the powers that you are giving to | 71 |
your agent, you should obtain legal advice. | 72 |
2. Notice to Agent. | 73 |
Once you accept designation as the agent under this document or | 74 |
exercise authority granted to you by the principal, a fiduciary | 75 |
relationship is created between you and the principal. Unless | 76 |
otherwise modified in this power of attorney, your duties include | 77 |
the duty to do all of the following: | 78 |
(a) Act in good faith, with reasonable care for the best interests | 79 |
of the principal; | 80 |
(b) Take no action beyond the scope of the authority given to you | 81 |
in this document; | 82 |
(c) Keep complete record of all receipts, disbursements, and | 83 |
transactions conducted for the principal. | 84 |
If you violate the terms of this document or the fiduciary duties | 85 |
created by this relationship, you will be liable to the principal | 86 |
or the principal's successors for loss or damage caused by your | 87 |
violation. | 88 |
If there is anything about this document or your duties that you | 89 |
do not understand, you should obtain legal advice. | 90 |
3. Designation of Agent(s). | 91 |
I, the above-named principal, hereby appoint and designate the | 92 |
following as my Attorney(s)-in-Fact. (Insert the name(s), | 93 |
address(es), and telephone number(s) of your agent(s) below. If | 94 |
more space is needed, you may attach additional sheets.) | 95 |
Name: | Name: | 96 | ||
Address: | Address: | 97 | ||
98 | ||||
Telephone: | Telephone: | 99 |
4. Designation of Successor Agent(s). | 100 |
(Optional: acts if any named Agent dies, resigns, or is otherwise | 101 |
unable to act or serve.) | 102 |
I, the above-named principal, hereby appoint and designate the | 103 |
following as my successor Agent(s). | 104 |
First Successor: | Second Successor: | 105 | ||
Name: | Name: | 106 | ||
Address: | Address: | 107 | ||
108 | ||||
Telephone: | Telephone: | 109 |
[If more than one Agent is designated, check the box in front of | 110 |
one of the following statements.] | 111 |
[ ] Each Agent may independently exercise the powers granted. | 112 |
[ ] All Agents must jointly exercise the powers granted. | 113 |
[ ] A majority in number of Agents must jointly exercise the | 114 |
powers granted. | 115 |
Any person can rely on a statement by a successor Agent that he or | 116 |
she is properly acting under this document and may rely | 117 |
conclusively on any action or decision made by that successor | 118 |
Agent. That person does not have to make any further investigation | 119 |
or inquiry. | 120 |
5. Grant of Power. | 121 |
I, the above-named Principal hereby appoint the above named | 122 |
Agent(s) to act as my agent(s) in any way that I could act with | 123 |
respect to the following matters, as each of them is defined in | 124 |
Ohio Revised Code section 1337.20: | 125 |
[To grant all of the following powers, initial the line in front | 126 |
of (W) and ignore the lines in front of the other powers. To grant | 127 |
one or more, but fewer than all, of the following powers, initial | 128 |
the line in front of each power you are granting. To withhold a | 129 |
power, do not initial the line in front of it. You may, but need | 130 |
not, cross out each power withheld.] | 131 |
132 |
(A) | Real property transactions | 133 | |||
(B) | Tangible personal property transactions | 134 | |||
(C) | Stock and bond transactions | 135 | |||
(D) | Commodity and option transactions | 136 | |||
(E) | Banking and other financial institution transactions | 137 | |||
(F) | Business operating transactions | 138 | |||
(G) | Proprietary interests and materials transactions | 139 | |||
(H) | Insurance and annuity transactions | 140 | |||
(I) | Retirement plan transactions | 141 | |||
(J) | Safe deposit box transactions | 142 | |||
(K) | Estate, trust, and other beneficiary transactions | 143 | |||
(L) | Borrowing transactions | 144 | |||
(M) | Fiduciary transactions | 145 | |||
(N) | Personal relationships and affairs | 146 | |||
(O) | Benefits from Social Security, Medicare, Medicaid, and other governmental programs, or military service | 147 | |||
(P) | Records, reports, and statements | 148 | |||
(Q) | Tax matters | 149 | |||
(R) | Licenses | 150 | |||
(S) | Access to documents | 151 | |||
(T) | Employment of agents | 152 | |||
(U) | Power to delegate | 153 | |||
(V) | Claims and litigation | 154 | |||
(W) | All powers listed above | 155 |
Special Instructions: | 156 |
[On the following lines or on additional pages you may give | 157 |
special instructions limiting or extending the powers granted to | 158 |
your Agent.] | 159 |
160 | ||
161 | ||
162 | ||
163 | ||
164 |
6. Commencement and Duration of Power. | 165 |
This power of attorney is effective: | 166 |
[Check the appropriate box below to the left of your choice. If | 167 |
you do not check any box, this power of attorney will become | 168 |
effective when you sign it.] | 169 |
[ ] Immediately. | 170 |
[ ] Upon my incapacity as determined by the following person or | 171 |
persons and set forth in an affidavit: | 172 |
173 | ||
174 |
[ ] Upon my incapacity as determined by two physicians and set | 175 |
forth in an affidavit. | 176 |
[ ] Upon the following future date or event: | 177 |
178 | ||
179 |
This power of attorney shall terminate: | 180 |
[Check the appropriate box below to the left of your choice. If | 181 |
you do not check any box, this power of attorney will terminate | 182 |
upon your death.] | 183 |
[ ] Upon my death. | 184 |
[ ] Upon my incapacity as determined by the following person or | 185 |
persons and set forth in an affidavit: | 186 |
187 | ||
188 |
[ ] Upon my incapacity as determined by two physicians and set | 189 |
forth in an affidavit. | 190 |
[ ] Upon the following future date or event: | 191 |
192 | ||
193 |
7. Durability of Power. | 194 |
[The authority granted in this power of attorney can be effective | 195 |
even during a period of disability. Check the appropriate box | 196 |
below if you want this power of attorney to be effective or to not | 197 |
be effective during any period of disability.] | 198 |
[ ] This power of attorney will continue in force and effect even | 199 |
during any period in which I am disabled. | 200 |
[ ] This power of attorney will not be in force and will have no | 201 |
effect during any period in which I am disabled. | 202 |
8. Obtaining Personal Health Information. | 203 |
[ ] My Agent shall be treated as my personal representative for | 204 |
all purposes relating to my Personal Health Information as | 205 |
provided in 45 CFR 164.502(g)(2) and for the Health Insurance | 206 |
Portability and Accountability Act of 1996. | 207 |
[ ] My Agent shall not be treated as my personal representative | 208 |
for any purposes relating to my Personal Health Information as | 209 |
provided in 45 CFR 164.502(g)(2) and for the Health Insurance | 210 |
Portability and Accountability Act of 1996. | 211 |
9. Compensation of Agent. | 212 |
[Your Agent will be reimbursed for all reasonable expenses | 213 |
incurred in acting under this power of attorney. Check the | 214 |
appropriate box below to indicate whether you want your Agent also | 215 |
to be reasonably paid or not to be paid for services rendered as | 216 |
Agent.] | 217 |
[ ] My Agent is entitled to reasonable compensation for services | 218 |
rendered as Agent under this power of attorney. | 219 |
[ ] My Agent shall not receive any compensation for services | 220 |
rendered as Agent under this power of attorney. | 221 |
10. Exoneration of Agent(s). | 222 |
My Agent is released from any liability to me and my estate | 223 |
arising out of the acts or failures to act of my Agent, except for | 224 |
willful misconduct or gross negligence. I agree to indemnify and | 225 |
hold my Agent harmless against any liability or expense, including | 226 |
attorney's fees, that my Agent may incur as the result of acting | 227 |
or failing to act under this instrument, except for liability and | 228 |
expense resulting from willful misconduct or gross negligence. | 229 |
11. Exoneration of Third Parties. | 230 |
I agree that any third party who receives a copy of this document | 231 |
may act under it. Revocation of the power of attorney is not | 232 |
effective as to a third party until the third party learns of the | 233 |
revocation. I agree to indemnify the third party for any claims | 234 |
that arise against the third party because of reliance on this | 235 |
power of attorney. | 236 |
12. Self-Dealing. | 237 |
[With respect to the Agent's right to or not to enter into | 238 |
transactions with you, check the box in front of one of the | 239 |
following statements.] | 240 |
[ ] My Agent can enter into transactions with me or in my behalf | 241 |
in which my Agent is personally interested as long as the terms of | 242 |
the transaction are fair to me, notwithstanding any law | 243 |
prohibiting acts of self-dealing. | 244 |
[ ] My Agent cannot enter into transactions with me or in my | 245 |
behalf in which my Agent is personally interested. | 246 |
13. Property to Which this Instrument Applies. | 247 |
[Your Agent will have authority over some or all of your property. | 248 |
Check the appropriate box below to indicate whether your Agent's | 249 |
authority is over all of your property or over only some of your | 250 |
property. If your Agent's authority is over only some of your | 251 |
property, identify the property not subject to this power of | 252 |
attorney.] | 253 |
[ ] This instrument will apply to all of my property, real or | 254 |
personal, wherever located. | 255 |
[ ] This instrument will apply to all of my property, real or | 256 |
personal, wherever located except for the following: | 257 |
[On the following lines or on additional pages you may list | 258 |
property not subject to this power of attorney.] | 259 |
260 | ||
261 | ||
262 | ||
263 | ||
264 |
14. Amending and Revocation. | 265 |
I may amend or revoke this power of attorney at any time by a | 266 |
signed instrument delivered to my Agent. If this instrument has | 267 |
been filed or recorded in public records, then any amendment or | 268 |
revocation also will be similarly filed or recorded, but a similar | 269 |
filing or recording of the amendment or revocation will not be | 270 |
necessary to effectuate the amendment or revocation with respect | 271 |
to my Agent and to all persons who have actual knowledge of the | 272 |
amendment or revocation. | 273 |
15. Nomination of Guardian. | 274 |
[With respect to your right to nominate a guardian of your person | 275 |
or estate, or both, check the box in front of one of the following | 276 |
statements.] | 277 |
[ ] If a guardian or conservator is ever needed for my estate, I | 278 |
nominate my Agent or any other person that my Agent nominates as | 279 |
my guardian or conservator. This nomination revokes any other | 280 |
nomination I may have made in any other document dated prior to | 281 |
the date of this power of attorney, including any nomination set | 282 |
forth in a Health Care Durable Power of Attorney. | 283 |
[ ] If a guardian or conservator is ever needed for my estate, I | 284 |
nominate ....................... as my guardian or conservator. | 285 |
This nomination revokes any other nomination I may have made in | 286 |
any other document dated prior to the date of this power of | 287 |
attorney, including any nomination set forth in a Health Care | 288 |
Durable Power of Attorney. | 289 |
[ ] I do not nominate any person as the guardian or conservator of | 290 |
my estate under this instrument. | 291 |
16. Governing Law. | 292 |
The laws of the State of Ohio will govern all questions pertaining | 293 |
to the validity and construction of this power of attorney. | 294 |
IN WITNESS WHEREOF, I have signed this Power of Attorney on [Date] | 295 |
............ | 296 |
297 | |||
(Principal's Signature) | 298 |
[This instrument should be notarized or witnessed, or both, as | 299 |
applicable law may require or as may be desired.] | 300 |
On ................... [Date], this instrument was signed by | 301 |
....................... [Name of Principal] in our presence and | 302 |
was acknowledged and declared by the Principal to be the | 303 |
Principal's Power of Attorney. Immediately thereafter, at the | 304 |
Principal's request, in the Principal's presence, and in the | 305 |
presence of each other, we signed this instrument as subscribing | 306 |
witnesses. | 307 |
308 | ||||
(Witness) | (Witness) | 309 |
This document was acknowledged before me ................... | 310 |
[Date] by ......................... [Name of Principal] who is | 311 |
known to me or from whom I have obtained adequate proof of | 312 |
identity. | 313 |
314 | ||||
(Signature of notarial officer) | 315 |
(Seal, if any) | 316 |
(Title and Rank) | 317 |
[My commission expires: ] | 318 |
(B) Except as otherwise required by the Revised Code, a | 319 |
person may create a power of attorney using the form set forth in | 320 |
division (A) of this section or any other form that is valid under | 321 |
the common law of this state. | 322 |
(C) A power of attorney may incorporate by reference any one | 323 |
or more powers set forth in section 1337.20 of the Revised Code by | 324 |
referencing the appropriate division of that section and the power | 325 |
or powers to be incorporated. | 326 |
Sec. 1337.19. By executing a power of attorney in the form | 327 |
set forth in division (A) of section 1337.18 of the Revised Code | 328 |
or any other power of attorney that incorporates by reference a | 329 |
power set forth in section 1337.20 of the Revised Code, the | 330 |
principal, except as modified in the power of attorney, authorizes | 331 |
the attorney in fact with respect to that power to do all of the | 332 |
following: | 333 |
(A) Demand, receive, and obtain by litigation or otherwise | 334 |
money or any other thing of value to which the principal is, may | 335 |
become, or claims to be entitled and conserve, invest, disburse, | 336 |
or use anything so received for the purposes intended; | 337 |
(B) Contract in any manner with any person, on terms | 338 |
agreeable to the attorney in fact, to accomplish a purpose of a | 339 |
transaction, and perform, rescind, reform, release, or modify the | 340 |
contract or another contract made by or for the principal; | 341 |
(C) Execute, acknowledge, seal, and deliver a deed, | 342 |
revocation, mortgage, security interest, lease, notice, check, | 343 |
promissory note, electronic funds transfer, release, or other | 344 |
instrument or communication the attorney in fact considers | 345 |
desirable to accomplish a purpose of a transaction; | 346 |
(D) Prosecute, defend, submit to arbitration, settle, or | 347 |
propose or accept a compromise with respect to a claim existing in | 348 |
favor of or against the principal or intervene in litigation | 349 |
relating to the claim; | 350 |
(E) Seek on the principal's behalf the assistance of a court | 351 |
to carry out an act authorized by the power of attorney; | 352 |
(F) Engage, compensate, and discharge an attorney, | 353 |
accountant, expert witness, or other assistant; | 354 |
(G) Keep appropriate records of each transaction, including | 355 |
an accounting of receipts and disbursements; | 356 |
(H) Prepare, execute, and file a record, report, or other | 357 |
document the attorney in fact considers desirable to safeguard or | 358 |
promote the principal's interest under a statute or governmental | 359 |
regulation; | 360 |
(I) Reimburse the attorney in fact for expenditures properly | 361 |
made by the attorney in fact in exercising the powers granted by | 362 |
the power of attorney; | 363 |
(J) Do any other lawful act with respect to the power of | 364 |
attorney. | 365 |
Sec. 1337.20. Except as modified by the principal, a power | 366 |
of attorney created by use of the form set forth in section | 367 |
1337.18 of the Revised Code or any other power of attorney that | 368 |
incorporates by reference any of the powers set forth below shall | 369 |
be construed as follows: | 370 |
(A) Language in a power of attorney that grants power with | 371 |
respect to transactions concerning real property authorizes the | 372 |
attorney in fact to do all of the following: | 373 |
(1) Accept as a gift or as security for a loan, reject, | 374 |
demand, buy, lease, receive, or otherwise acquire an interest in | 375 |
real property, a right incident to real property, or real property | 376 |
held in an undisclosed trust; | 377 |
(2) Sell, exchange, convey with or without covenants, | 378 |
quitclaim, release, surrender, mortgage, encumber, partition, | 379 |
consent to partitioning, subdivide, apply for zoning, rezoning, or | 380 |
other governmental permits, plat or consent to platting, develop, | 381 |
grant options concerning, lease, sublease, or otherwise dispose of | 382 |
an interest in real property or a right incident to real property; | 383 |
(3) Release, assign, satisfy, and enforce by litigation or | 384 |
otherwise a mortgage, deed of trust, encumbrance, lien, or other | 385 |
claim to real property that exists or is asserted; | 386 |
(4) Do any act of management or of conservation with respect | 387 |
to an interest in real property, or a right incident to real | 388 |
property, owned or claimed to be owned by the principal, | 389 |
including, but not limited to, all of the following: | 390 |
(a) Insure against a casualty, liability, or loss; | 391 |
(b) Obtain or regain possession or protect, by litigation or | 392 |
otherwise; | 393 |
(c) Pay, compromise, or contest taxes or assessments or apply | 394 |
for and receive refunds in connection with taxes or assessments; | 395 |
(d) Purchase supplies, hire assistance or labor, and make | 396 |
repairs or alterations; | 397 |
(5) Use, develop, alter, replace, remove, erect, or install | 398 |
structures or other improvements upon real property in or incident | 399 |
to which the principal has, or claims to have, an interest or | 400 |
right; | 401 |
(6) Participate in a reorganization with respect to real | 402 |
property or a legal entity that owns an interest in or right | 403 |
incident to real property and receive and hold, directly or | 404 |
indirectly, shares of stock or obligations received in a plan of | 405 |
reorganization, and act with respect to them, including, but not | 406 |
limited to, all of the following: | 407 |
(a) Sell or otherwise dispose of the shares or obligations; | 408 |
(b) Exercise or sell an option, conversion, or similar right | 409 |
with respect to the shares or obligations; | 410 |
(c) Vote shares in person or by proxy; | 411 |
(7) If specifically authorized in the power of attorney, | 412 |
change the form of title of an interest in or right incident to | 413 |
real property; | 414 |
(8) Dedicate to public use, with or without consideration, | 415 |
easements or other real property in which the principal has, or | 416 |
claims to have, an interest. | 417 |
(B) Language in a power of attorney granting power with | 418 |
respect to transactions concerning tangible personal property | 419 |
authorizes the attorney in fact to do all of the following: | 420 |
(1) Accept as a gift or as security for a loan, reject, | 421 |
demand, buy, receive, or otherwise acquire ownership or possession | 422 |
of tangible personal property or an interest in tangible personal | 423 |
property; | 424 |
(2) Sell, exchange, convey with or without covenants, | 425 |
release, surrender, create a security interest in, grant options | 426 |
concerning, lease, sublease to others, or otherwise dispose of | 427 |
tangible personal property or an interest in tangible personal | 428 |
property; | 429 |
(3) Release, assign, satisfy, or enforce, by litigation or | 430 |
otherwise, a security interest, lien, or other claim with respect | 431 |
to tangible personal property or an interest in tangible personal | 432 |
property; | 433 |
(4) Do an act of management or conservation with respect to | 434 |
tangible personal property or an interest in tangible personal | 435 |
property, including, but not limited to, all of the following: | 436 |
(a) Insure against casualty, liability, or loss; | 437 |
(b) Obtain or regain possession, or protect, by litigation or | 438 |
otherwise; | 439 |
(c) Pay, compromise, or contest taxes or assessments or apply | 440 |
for and receive refunds in connection with taxes or assessments; | 441 |
(d) Move from place to place; | 442 |
(e) Store for hire or on a gratuitous bailment; | 443 |
(f) Use, alter, and make repairs or alterations; | 444 |
(5) If specifically authorized in the power of attorney, | 445 |
change the form of title of an interest in or right incident to | 446 |
tangible personal property. | 447 |
(C)Language in a power of attorney granting power with | 448 |
respect to transactions concerning stocks and bonds authorizes the | 449 |
attorney in fact to do all of the following: | 450 |
(1) Buy, sell, and exchange stocks, bonds, mutual funds, and | 451 |
all other types of securities and financial instruments, whether | 452 |
held directly or indirectly, except commodity futures contracts | 453 |
and call and put options on stocks and stock indexes; | 454 |
(2) Receive certificates and other evidences of ownership | 455 |
with respect to securities; | 456 |
(3) Exercise voting rights with respect to securities in | 457 |
person, in writing, or by proxy; | 458 |
(4) Enter into voting trusts; | 459 |
(5) Consent to limitations on the right to vote. | 460 |
(D) Language in a power of attorney granting power with | 461 |
respect to transactions concerning commodities and options | 462 |
authorizes the attorney in fact to do all of the following: | 463 |
(1) Buy, sell, exchange, assign, settle, and exercise | 464 |
commodity futures contracts and call and put options on stocks and | 465 |
stock indexes traded on a regulated option exchange; | 466 |
(2) Establish, continue, modify, and terminate option | 467 |
accounts with a broker. | 468 |
(E) Language granting power with respect to transactions | 469 |
concerning banks and other financial institutions authorizes the | 470 |
attorney in fact to do all of the following: | 471 |
(1) Continue, modify, and terminate an account or other | 472 |
banking arrangement made by or for the principal; | 473 |
(2) Establish, modify, and terminate an account or other | 474 |
banking arrangement with a bank, trust company, savings and loan | 475 |
association, credit union, thrift company, brokerage firm, or | 476 |
other financial institution selected by the attorney in fact; | 477 |
(3) Contract to procure other services available from a | 478 |
financial institution as the attorney in fact considers desirable; | 479 |
(4) Withdraw by check, order, or otherwise money or property | 480 |
of the principal deposited with or left in the custody of a | 481 |
financial institution; | 482 |
(5) Receive bank statements, vouchers, notices, and similar | 483 |
documents from a financial institution and act with respect to | 484 |
them; | 485 |
(6) Borrow money at an interest rate agreeable to the | 486 |
attorney in fact and pledge as security personal property of the | 487 |
principal necessary in order to borrow, pay, renew, or extend the | 488 |
time of payment of a debt of the principal; | 489 |
(7) Make, assign, draw, endorse, discount, guarantee, and | 490 |
negotiate promissory notes, checks, drafts, and other negotiable | 491 |
or nonnegotiable paper of the principal, or payable to the | 492 |
principal or the principal's order, make funds transfers, receive | 493 |
the cash or other proceeds of those transactions, and accept and | 494 |
pay when due a draft drawn by a person upon the principal; | 495 |
(8) Receive and act upon a sight draft, warehouse receipt, or | 496 |
other negotiable or nonnegotiable instrument; | 497 |
(9) Apply for and receive letters of credit, credit and debit | 498 |
cards, and traveler's checks from a financial institution, and | 499 |
give an indemnity or other agreement in connection with letters of | 500 |
credit; | 501 |
(10) Consent to an extension of the time of payment with | 502 |
respect to commercial paper or a financial transaction with a | 503 |
financial institution. | 504 |
(F) Language in a power of attorney granting power with | 505 |
respect to operating a business authorizes the attorney in fact to | 506 |
do all of the following: | 507 |
(1) Operate, buy, sell, enlarge, reduce, or terminate a | 508 |
business interest; | 509 |
(2) Subject to the terms of a partnership agreement or | 510 |
operating agreement, do all of the following: | 511 |
(a) Perform a duty or discharge a liability and exercise a | 512 |
right, power, privilege, or option that the principal has, may | 513 |
have, or claims to have, under the partnership agreement or | 514 |
operating agreement; | 515 |
(b) Enforce the terms of the partnership agreement or | 516 |
operating agreement by litigation or otherwise; | 517 |
(c) Defend, submit to arbitration, settle, or compromise | 518 |
litigation to which the principal is a party because of membership | 519 |
in a partnership or limited liability company; | 520 |
(3) Exercise in person or by proxy, or enforce by litigation | 521 |
or otherwise, a right, power, privilege, or option the principal | 522 |
has or claims to have as the holder of a bond, share, or other | 523 |
instrument of similar character and defend, submit to arbitration, | 524 |
settle, or compromise litigation to which the principal is a party | 525 |
because of a bond, share, or similar instrument; | 526 |
(4) With respect to a business controlled by the principal, | 527 |
do all of the following: | 528 |
(a) Continue, modify, renegotiate, extend, and terminate a | 529 |
contract made with an individual or a legal entity by or for the | 530 |
principal with respect to the business before execution of the | 531 |
power of attorney; | 532 |
(b) Determine all of the following: | 533 |
(i) The location of its operation; | 534 |
(ii) The nature and extent of its business; | 535 |
(iii) The methods of manufacturing, selling, merchandising, | 536 |
financing, accounting, and advertising employed in its operation; | 537 |
(iv) The amount and types of insurance carried; | 538 |
(v) The mode of engaging, compensating, and dealing with its | 539 |
accountants, attorneys, and other attorneys in fact and employees; | 540 |
(c) Change the name or form of organization under which the | 541 |
business is operated and enter into a partnership agreement or | 542 |
operating agreement with other persons or organize a corporation | 543 |
or other business entity to take over all or part of the operation | 544 |
of the business; | 545 |
(d) Demand and receive money due or claimed by the principal | 546 |
or on the principal's behalf in the operation of the business, and | 547 |
control and disburse the money in the operation of the business; | 548 |
(5) Put additional capital into a business in which the | 549 |
principal has an interest; | 550 |
(6) Join in a plan of reorganization, consolidation, or | 551 |
merger of the business; | 552 |
(7) Sell or liquidate a business or part of it at the time | 553 |
and upon the terms the attorney in fact considers desirable; | 554 |
(8) Establish the value of a business under a buy-out | 555 |
agreement to which the principal is a party; | 556 |
(9) Prepare, sign, file, and deliver reports, compilations of | 557 |
information, returns, or other papers with respect to a business | 558 |
that are required by a governmental agency or instrumentality or | 559 |
that the attorney in fact considers desirable and make related | 560 |
payments; | 561 |
(10) Pay, compromise, or contest taxes or assessments and do | 562 |
any other act that the attorney in fact considers desirable to | 563 |
protect the principal from illegal or unnecessary taxation, fines, | 564 |
penalties, or assessments with respect to a business, including | 565 |
attempts to recover, in any manner permitted by law, money paid | 566 |
before or after the execution of the power of attorney. | 567 |
(G) Language in a power of attorney granting power with | 568 |
respect to proprietary interests and materials transactions | 569 |
authorizes the attorney in fact in connection with or with respect | 570 |
to any artistic, domestic, intellectual, literary, mechanical, | 571 |
scientific, or other proprietary interest or material to do all of | 572 |
the following: | 573 |
(1) Abandon, apply for, extend, maintain, modify, receive, | 574 |
renew, secure, or terminate any protection by copyright, patent, | 575 |
registration, or other mechanism for any composition, design, | 576 |
device, discovery, formula, invention, mark, name, process, | 577 |
program, recipe, service mark, trademark, trade name, or other | 578 |
protectable intangible or tangible endeavor or work; | 579 |
(2) Appeal from, compromise, conduct, defend, intervene in, | 580 |
participate in, prosecute, settle, or terminate any proceeding | 581 |
before any administrative, judicial, or other agency, board, body, | 582 |
commission, court, examiner, judge, magistrate, officer, or other | 583 |
official or tribunal with jurisdiction of any proprietary interest | 584 |
or material; | 585 |
(3) Arrange or contract for payment or receipt of any | 586 |
charges, fees, royalties, or other payments for assignment, | 587 |
license, sale, transfer, use, or other exploitation of any | 588 |
proprietary interest or material; | 589 |
(4) Deal in and with any business data, business or trade | 590 |
secret, business method, client or customer list, dealership, | 591 |
franchise, license, manufacturing process, or other proprietary | 592 |
interest or material. | 593 |
(H) Language in a power of attorney granting power with | 594 |
respect to insurance and annuities authorizes the attorney in fact | 595 |
to do all of the following: | 596 |
(1) Continue, pay the premium or assessment on, modify, | 597 |
rescind, release, or terminate a contract procured by or for the | 598 |
principal that insures or provides an annuity to either the | 599 |
principal or another person, whether or not the principal is a | 600 |
beneficiary under the contract; | 601 |
(2) Procure new, different, or additional contracts of | 602 |
insurance or annuities for the principal or the principal's | 603 |
spouse, children, or other dependents and select the amount, type | 604 |
of insurance or annuity, and mode of payment; | 605 |
(3) Pay the premium or assessment on, modify, rescind, | 606 |
release, or terminate a contract of insurance or annuity procured | 607 |
by the attorney in fact; | 608 |
(4) Apply for and receive a loan on the security of a | 609 |
contract of insurance or annuity; | 610 |
(5) Surrender and receive the cash surrender value; | 611 |
(6) Exercise an election that is not specifically prohibited; | 612 |
(7) Change the manner of paying premiums; | 613 |
(8) Change or convert the type of insurance or annuity, with | 614 |
respect to which the principal has or claims to have a power | 615 |
described in this section; | 616 |
(9) If specifically authorized in the power of attorney, | 617 |
change the beneficiary of a contract of insurance or annuity | 618 |
designated by the principal; | 619 |
(10) Apply for and procure government aid to guarantee or pay | 620 |
premiums of a contract of insurance on the life of the principal; | 621 |
(11) Collect, sell, assign, hypothecate, borrow upon, or | 622 |
pledge the interest of the principal in a contract of insurance or | 623 |
annuity; | 624 |
(12) Pay from proceeds or otherwise, compromise or contest, | 625 |
and apply for refunds in connection with, a tax or assessment | 626 |
levied by a taxing authority with respect to a contract of | 627 |
insurance or annuity or its proceeds or liability accruing by | 628 |
reason of the tax or assessment. | 629 |
(I)(1) Except for the restrictions set forth in division | 630 |
(I)(2) of this section, language in a power of attorney granting | 631 |
power with respect to retirement plan transactions authorizes the | 632 |
attorney in fact to do all of the following: | 633 |
(a) Contribute to, withdraw from, and deposit funds in any | 634 |
type of retirement plan, including, but not limited to, any tax | 635 |
qualified or nonqualified pension, profit sharing, stock bonus, | 636 |
employee savings and other retirement plan, individual retirement | 637 |
account, deferred compensation plan, or other type of employee | 638 |
benefit plan; | 639 |
(b) Select and change payment options for the principal under | 640 |
any retirement plan; | 641 |
(c) Make rollover contributions from any retirement plan to | 642 |
other retirement plans or individual retirement accounts; | 643 |
(d) Exercise all investment powers available under any type | 644 |
of self-directed retirement plan. | 645 |
(2) Unless specifically authorized in a power of attorney, | 646 |
language in a power of attorney granting power with respect to | 647 |
retirement plan transactions does not authorize the attorney in | 648 |
fact to do any of the following: | 649 |
(a) Elect or change a retirement allowance plan of payment on | 650 |
the principal's behalf under Chapter 145., 742., 3305., 3307., | 651 |
3309., or 5505. of the Revised Code, other than a joint and | 652 |
survivor annuity leaving one-half to the spouse if the principal | 653 |
is married, a single life annuity if the principal is single, or | 654 |
any plan that includes a partial lump sum option; except that no | 655 |
express authority is necessary to elect a plan that meets the | 656 |
minimum requirements of a court order to elect a plan that will | 657 |
pay a lifetime benefit to a former spouse. | 658 |
(b) If authorized under section 145.814 of the Revised Code, | 659 |
change an election made under section 145.19 or 145.191 of the | 660 |
Revised Code; | 661 |
(c) Terminate the principal's membership in the public | 662 |
employees retirement system, state teachers retirement system, | 663 |
school employees retirement system, Ohio police and fire pension | 664 |
fund, or state highway patrol retirement system by withdrawing the | 665 |
principal's accumulated employee contributions. | 666 |
(J) Language in a power of attorney granting power with | 667 |
respect to safe deposit transactions authorizes the attorney in | 668 |
fact to do all of the following: | 669 |
(1) Open, continue, and have access to all safe deposit | 670 |
boxes; | 671 |
(2) Sign, renew, release, or terminate any safe deposit | 672 |
contract; | 673 |
(3) Drill or surrender any safe deposit box. | 674 |
(K)(1) Language in a power of attorney granting power with | 675 |
respect to estates, trusts, and other relationships in which the | 676 |
principal is a beneficiary authorizes the attorney in fact to act | 677 |
for the principal in all matters that affect a trust, probate | 678 |
estate, guardianship, conservatorship, escrow, custodianship, or | 679 |
other fund from which the principal is, may become, or claims to | 680 |
be entitled as a beneficiary to a share or payment, including all | 681 |
of the following: | 682 |
(a) Accept, reject, disclaim, receive, receipt for, sell, | 683 |
assign, release, pledge, exchange, or consent to a reduction in or | 684 |
modification of a share in or payment from the fund; | 685 |
(b) Demand or obtain by litigation or otherwise money or any | 686 |
other thing of value to which the principal is, may become, or | 687 |
claims to be entitled by reason of the fund; | 688 |
(c) Initiate, participate in, and oppose litigation to | 689 |
ascertain the meaning, validity, or effect of a deed, will, | 690 |
declaration of trust, or other instrument or transaction affecting | 691 |
the interest of the principal; | 692 |
(d) Initiate, participate in, and oppose litigation to | 693 |
remove, substitute, or surcharge a fiduciary; | 694 |
(e) Conserve, invest, disburse, and use anything received for | 695 |
an authorized purpose; | 696 |
(f) Transfer an interest of the principal in real property, | 697 |
stocks, bonds, accounts with financial institutions, insurance, | 698 |
and other property to the trustee of a revocable trust created by | 699 |
the principal as settlor; | 700 |
(g) Transfer an interest of the principal in real property to | 701 |
any trustee or trustees of an undisclosed trust for the benefit of | 702 |
the principal; | 703 |
(h) If specifically authorized in the power of attorney, | 704 |
designate or change the designation of a beneficiary to receive | 705 |
any property, benefit, or contractual right on the principal's | 706 |
death. | 707 |
(2) Unless expressly authorized in the power of attorney, | 708 |
language granting power with respect to estates, trusts, and other | 709 |
relationships in which the principal is a beneficiary does not | 710 |
include authority to create, modify, or revoke a trust or | 711 |
authority to fund with the principal's property a trust not | 712 |
created by the principal or a person authorized to create a trust | 713 |
for the principal. | 714 |
(L) Language in a power of attorney granting power with | 715 |
respect to borrowing transactions authorizes the attorney in fact | 716 |
to do all of the following: | 717 |
(1) Borrow money; | 718 |
(2) Mortgage or pledge any real estate, tangible personal | 719 |
property, or intangible personal property as security for any | 720 |
borrowing transactions; | 721 |
(3) Sign, renew, extend, pay, and satisfy any notes or other | 722 |
forms of obligations. | 723 |
(M)(1) Language in a power of attorney granting power with | 724 |
respect to fiduciary transactions authorizes the attorney in fact | 725 |
to do all of the following: | 726 |
(a) Represent and act for the principal in all ways and in | 727 |
all matters affecting any fund with respect to which the principal | 728 |
is a fiduciary; | 729 |
(b) Initiate, participate in, and oppose any judicial or | 730 |
other proceeding for the removal, substitution, or surcharge of a | 731 |
fiduciary, conserve, invest, or disburse anything received for the | 732 |
purposes of the fund for which it is received, and reimburse the | 733 |
attorney in fact for any expenditures properly made by the | 734 |
attorney in fact in the execution of the powers conferred on the | 735 |
attorney in fact by the power of attorney; | 736 |
(c) Agree and contract in any manner, with any person, and on | 737 |
any terms that the attorney in fact selects for the accomplishment | 738 |
of the purposes set forth in division (M) of this section and | 739 |
perform, rescind, reform, release, or modify the agreement or | 740 |
contract or any other similar agreement or contract made by or for | 741 |
the principal; | 742 |
(d) Execute, acknowledge, verify, seal, file, and deliver any | 743 |
consent, designation, pleading, notice, demand, election, | 744 |
conveyance, release, assignment, check, pledge, waiver, admission | 745 |
of service, notice of appearance, or other instrument that the | 746 |
attorney in fact determines is useful for the accomplishment of | 747 |
any of the purposes set forth in division (M) of this section; | 748 |
(e) Hire, discharge, and compensate any attorney, accountant, | 749 |
expert witness, or other assistants when the attorney in fact | 750 |
determines that action to be desirable for the proper execution by | 751 |
the attorney in fact of any of the powers described in division | 752 |
(M) of this section and for the keeping of needed records; | 753 |
(f) Perform any other acts with respect to a fund of which | 754 |
the principal is a fiduciary. | 755 |
(2) Division (M) of this section does not authorize a | 756 |
fiduciary to delegate any power of a fiduciary unless the power is | 757 |
one the fiduciary is authorized to delegate under the terms of the | 758 |
trust agreement or other instrument governing the exercise of the | 759 |
power or under the law of the jurisdiction that governs that trust | 760 |
agreement or other instrument. | 761 |
(3) As used in division (M) of this section, "fund" means any | 762 |
trust, probate estate, guardianship, conservatorship, escrow, | 763 |
custodianship, or other fund in which the principal has, or claims | 764 |
to have, an interest as a fiduciary. | 765 |
(4) All powers described in division (M) of this section may | 766 |
be exercised equally with respect to any fund of which the | 767 |
principal is a fiduciary as of the date of the power of attorney | 768 |
or becomes a fiduciary after that date, and regardless of whether | 769 |
the fund is located in the state of Ohio or elsewhere. | 770 |
(N) Language in a power of attorney granting power with | 771 |
respect to personal and family maintenance authorizes the attorney | 772 |
in fact to do all of the following: | 773 |
(1) Do the acts necessary to maintain the customary standard | 774 |
of living of the principal, the principal's spouse, children, and | 775 |
other individuals customarily or legally entitled to be supported | 776 |
by the principal, including providing living quarters by purchase, | 777 |
lease, or other contract or paying the operating costs, including | 778 |
interest, amortization payments, repairs, and taxes, on premises | 779 |
owned by the principal and occupied by those individuals; | 780 |
(2) For the individuals described in division (N)(1) of this | 781 |
section, provide normal domestic help, usual vacations and travel | 782 |
expenses, and funds for shelter, clothing, food, appropriate | 783 |
education, and other current living costs; | 784 |
(3) For the individuals described in division (N)(1) of this | 785 |
section, pay expenses for necessary medical, dental, and surgical | 786 |
care, hospitalization, and custodial care; | 787 |
(4) For the individuals described in division (N)(1) of this | 788 |
section, continue any provision made by the principal for | 789 |
automobiles or other means of transportation, including | 790 |
registering, licensing, insuring, and replacing them; | 791 |
(5) Maintain or open charge accounts for the convenience of | 792 |
the individuals described in division (N)(1) of this section and | 793 |
open new accounts the attorney in fact considers desirable to | 794 |
accomplish a lawful purpose; | 795 |
(6) Continue payments incidental to the membership or | 796 |
affiliation of the principal in a church, club, society, order, or | 797 |
other organization or continue contributions to those | 798 |
organizations. | 799 |
(O) Language in a power of attorney granting power with | 800 |
respect to benefits from social security, medicare, medicaid, | 801 |
other governmental programs, or civil or military service | 802 |
authorizes the attorney in fact to do all of the following: | 803 |
(1) Execute vouchers in the name of the principal for | 804 |
allowances and reimbursements payable by the United States or a | 805 |
foreign government or by a state or political subdivision of a | 806 |
state to the principal, including allowances and reimbursements | 807 |
for transportation of the principal's spouse, children, and other | 808 |
individuals customarily or legally entitled to be supported by the | 809 |
principal, and for shipment of their household effects; | 810 |
(2) Take possession and order the removal and shipment of | 811 |
property of the principal from a governmental or private post, | 812 |
warehouse, depot, dock, or other place of storage or safekeeping | 813 |
and execute and deliver a release, voucher, receipt, bill of | 814 |
lading, shipping ticket, certificate, or other instrument for that | 815 |
purpose; | 816 |
(3) Prepare, file, and prosecute a claim of the principal to | 817 |
a benefit or assistance, financial or otherwise, to which the | 818 |
principal claims to be entitled under a statute or governmental | 819 |
regulation; | 820 |
(4) Prosecute, defend, submit to arbitration, settle, and | 821 |
propose or accept a compromise with respect to any benefits the | 822 |
principal may be entitled to receive; | 823 |
(5) Receive the financial proceeds of a claim of the type | 824 |
described in division (O) of this section and conserve, invest, | 825 |
disburse, or use anything so received for a lawful purpose. | 826 |
(P)(1) Language in a power of attorney granting power with | 827 |
respect to records, reports, and statements authorizes the | 828 |
attorney in fact to do all of the following: | 829 |
(a) Keep records of all cash received and disbursed for or on | 830 |
account of the principal, of all credits and debits to the account | 831 |
of the principal, and of all transactions affecting in any way the | 832 |
assets and liabilities of the principal; | 833 |
(b) Prepare, execute, and file all tax, social security, | 834 |
unemployment insurance, and information returns required by the | 835 |
laws of the United States, of any state or political subdivision | 836 |
of any state, or of any foreign government and to prepare, | 837 |
execute, and file all other papers and instruments that the | 838 |
attorney in fact determines is desirable or necessary for the | 839 |
safeguarding of the principal against excess or illegal taxation | 840 |
or against penalties imposed for a claimed violation of any law or | 841 |
other governmental regulation; | 842 |
(c) Prepare, execute, and file any record, report, or | 843 |
statement with respect to price, rent, wage, or rationing control | 844 |
or other governmental activity that the attorney in fact | 845 |
determines is desirable or necessary for the safeguarding or | 846 |
maintenance of the principal's interest; | 847 |
(d) Hire, discharge, and compensate any attorney, accountant, | 848 |
or other assistant when the attorney in fact determines that | 849 |
action to be desirable for the proper execution by the attorney in | 850 |
fact of any of the powers described in this section; | 851 |
(e) Do any other act, in connection with the preparation, | 852 |
execution, filing, storage, or other utilization of any records, | 853 |
reports, or statements of or concerning the principal's affairs | 854 |
that the principal can do through an attorney in fact. | 855 |
(2) An attorney in fact may exercise all powers described in | 856 |
division (P)(1) of this section equally with respect to any | 857 |
records, reports, or statements of or concerning the affairs of | 858 |
the principal as they exist at the time the principal gives the | 859 |
power of attorney or after the principal gives the power of | 860 |
attorney, in the state of Ohio or elsewhere. | 861 |
(Q) Language in a power of attorney granting power with | 862 |
respect to tax matters authorizes the attorney in fact to do all | 863 |
of the following: | 864 |
(1) Prepare, sign, and file federal, state, local, and | 865 |
foreign income, gift, payroll, and other tax returns, claims for | 866 |
refunds, requests for extensions of time, petitions regarding tax | 867 |
matters, and any other tax-related documents, including receipts, | 868 |
offers, waivers, consents (including consents and agreements under | 869 |
section 2032A of the "Internal Revenue Code of 1986," Pub. L. No. | 870 |
94-455, 26 U.S.C. 2032A, as amended), closing agreements, and any | 871 |
power of attorney required by any tax collection or enforcement | 872 |
agency with respect to a tax year upon which the statute of | 873 |
limitations has not run and the following twenty-five tax years; | 874 |
(2) Pay taxes due, collect refunds, post bonds, receive | 875 |
confidential information, and contest deficiencies determined by | 876 |
any tax collection or enforcement agency; | 877 |
(3) Exercise any election available to the principal under | 878 |
federal, state, local, or foreign tax law; | 879 |
(4) Act for the principal in all tax matters for all periods | 880 |
before any tax collection or enforcement agency. | 881 |
(R) Language in a power of attorney granting power with | 882 |
respect to licenses authorizes the attorney in fact to obtain, | 883 |
renew, or transfer all of the following: | 884 |
(1) Automobile, truck, boat, and other vehicle licenses; | 885 |
(2) Business licenses of any type. | 886 |
(S) Language in a power of attorney granting power with | 887 |
respect to access to documents authorizes the attorney in fact to | 888 |
do all of the following: | 889 |
(1) Have access to and possession of the principal's will, | 890 |
trusts, instruments, deeds, life insurance policies, contracts, | 891 |
employee benefit records, and other documents, including, but not | 892 |
limited to, documents protected under the "Financial Services | 893 |
Modernization Act of 1999," Pub. L. No. 106-102, 15 U.S.C. 6801, | 894 |
as amended, and the "Health Insurance Portability and | 895 |
Accountability Act of 1996," Pub. L. No. 104-191, 42 U.S.C. 300gg, | 896 |
as amended; | 897 |
(2) Have access to mail and redirect mail. | 898 |
(T) Language in a power of attorney granting power with | 899 |
respect to employment of agents authorizes the attorney in fact to | 900 |
do all of the following: | 901 |
(1) Employ attorneys, accountants, investment advisors, | 902 |
expert witnesses, realtors, or other professionals when the | 903 |
attorney in fact believes the employment of the professional to be | 904 |
desirable; | 905 |
(2) Pay any agents reasonable compensation. | 906 |
(U) Language in a power of attorney with respect to | 907 |
delegation authorizes the attorney in fact to delegate any or all | 908 |
of the powers granted by the principal to any person or persons | 909 |
whom the attorney in fact selects. | 910 |
(V) Language in a power of attorney granting power with | 911 |
respect to claims and litigation authorizes the attorney in fact | 912 |
to do all of the following: | 913 |
(1) Assert and prosecute before a court or administrative | 914 |
agency a claim, claim for relief, cause of action, counterclaim, | 915 |
offset, or defense against an individual, organization, or | 916 |
government, including an action to recover property or any other | 917 |
thing of value, to recover damages sustained by the principal, to | 918 |
eliminate or modify tax liability, or to seek an injunction, | 919 |
specific performance, or other relief; | 920 |
(2) Bring an action to determine adverse claims, intervene in | 921 |
litigation, and act as amicus curiae; | 922 |
(3) In connection with litigation, procure an attachment, | 923 |
garnishment, libel, order of arrest, or other preliminary, | 924 |
provisional, or intermediate relief and use any available | 925 |
procedure to effect or satisfy a judgment, order, or decree; | 926 |
(4) In connection with litigation, perform any lawful act, | 927 |
including acceptance of tender, offer of judgment, admission of | 928 |
facts, submission of a controversy on an agreed statement of | 929 |
facts, consent to examination before trial, and bind the principal | 930 |
in litigation; | 931 |
(5) Submit to arbitration, settle, and propose or accept a | 932 |
compromise with respect to a claim or litigation; | 933 |
(6) Waive the issuance and service of process upon the | 934 |
principal, accept service of process, appear for the principal, | 935 |
designate persons upon whom process directed to the principal may | 936 |
be served, execute and file or deliver stipulations on the | 937 |
principal's behalf, verify pleadings, seek appellate review, | 938 |
procure and give surety and indemnity bonds, contract and pay for | 939 |
the preparation and printing of records and briefs, and receive | 940 |
and execute and file or deliver a consent, waiver, release, | 941 |
confession of judgment, satisfaction of judgment, notice, | 942 |
agreement, or other instrument in connection with the prosecution, | 943 |
settlement, or defense of a claim or litigation; | 944 |
(7) Act for the principal with respect to a voluntary or | 945 |
involuntary bankruptcy or insolvency proceeding concerning the | 946 |
principal or another person, a reorganization proceeding, or a | 947 |
receivership or application for the appointment of a receiver or | 948 |
trustee that affects an interest of the principal in property or | 949 |
any other thing of value; | 950 |
(8) Pay a judgment against the principal or a settlement made | 951 |
in connection with litigation and receive and conserve money or | 952 |
any other thing of value paid in settlement of or as proceeds of a | 953 |
claim or litigation. | 954 |
Sec. 2106.18. (A) Upon the death of a married resident who | 955 |
owned at least one automobile at the time of death, the interest | 956 |
of the deceased spouse in up to two automobiles that are not | 957 |
transferred to the surviving spouse due to joint ownership with | 958 |
right of survivorship established under section 2131.12 of the | 959 |
Revised Code, that are not transferred to a transfer-on-death | 960 |
beneficiary or beneficiaries designated under section 2131.13 of | 961 |
the Revised Code, and that are not otherwise specifically disposed | 962 |
of by testamentary disposition may be selected by the surviving | 963 |
spouse. This interest shall immediately pass to the surviving | 964 |
spouse upon transfer of the title or titles in accordance with | 965 |
section 4505.10 of the Revised Code. The sum total of the values | 966 |
of the automobiles selected by a surviving spouse under this | 967 |
division, as specified in the affidavit that the surviving spouse | 968 |
executes pursuant to division (B) of section 4505.10 of the | 969 |
Revised Code, shall not exceed forty thousand dollars. Each | 970 |
automobile that passes to a surviving spouse under this division | 971 |
shall not be considered an estate asset and shall not be included | 972 |
in the estate inventory. | 973 |
(B) The executor or administrator, with the approval of the | 974 |
probate court, may transfer title to an automobile owned by the | 975 |
decedent to any of the following: | 976 |
(1) The surviving spouse, when the automobile is purchased by | 977 |
the surviving spouse pursuant to section 2106.16 of the Revised | 978 |
Code; | 979 |
(2) A distributee; | 980 |
(3) A purchaser. | 981 |
(C) The executor or administrator may transfer title to an | 982 |
automobile owned by the decedent without the approval of the | 983 |
probate court to any of the following: | 984 |
(1) A legatee entitled to the automobile under the terms of | 985 |
the will; | 986 |
(2) A distributee if the distribution of the automobile is | 987 |
made without court order pursuant to section 2113.55 of the | 988 |
Revised Code; | 989 |
(3) A purchaser if the sale of the automobile is made | 990 |
pursuant to section 2113.39 of the Revised Code. | 991 |
(D) As used in division (A) of this section, "automobile" | 992 |
includes a motorcycle and includes a truck if the truck was used | 993 |
as a method of conveyance by the deceased spouse or the deceased | 994 |
spouse's family when the deceased spouse was alive. | 995 |
Section 2. That existing section 2106.18 of the Revised Code | 996 |
is hereby repealed. | 997 |