As Reported by the House Judiciary Committee

126th General Assembly
Regular Session
2005-2006
H. B. No. 246


Representatives Oelslager, Willamowski 



A BILL
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


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       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. 2106.18.  (A) Upon the death of a married resident who15
owned at least one automobile at the time of death, the interest16
of the deceased spouse in up to two automobiles that are not17
transferred to the surviving spouse due to joint ownership with18
right of survivorship established under section 2131.12 of the19
Revised Code, that are not transferred to a transfer-on-death20
beneficiary or beneficiaries designated under section 2131.13 of21
the Revised Code, and that are not otherwise specifically disposed22
of by testamentary disposition may be selected by the surviving23
spouse. This interest shall immediately pass to the surviving24
spouse upon transfer of the title or titles in accordance with25
section 4505.10 of the Revised Code. The sum total of the values26
of the automobiles selected by a surviving spouse under this27
division, as specified in the affidavit that the surviving spouse28
executes pursuant to division (B) of section 4505.10 of the29
Revised Code, shall not exceed forty thousand dollars. Each30
automobile that passes to a surviving spouse under this division31
shall not be considered an estate asset and shall not be included32
in the estate inventory.33

       (B) The executor or administrator, with the approval of the34
probate court, may transfer title to an automobile owned by the35
decedent to any of the following:36

       (1) The surviving spouse, when the automobile is purchased by 37
the surviving spouse pursuant to section 2106.16 of the Revised38
Code;39

       (2) A distributee;40

       (3) A purchaser.41

       (C) The executor or administrator may transfer title to an42
automobile owned by the decedent without the approval of the43
probate court to any of the following:44

       (1) A legatee entitled to the automobile under the terms of45
the will;46

       (2) A distributee if the distribution of the automobile is47
made without court order pursuant to section 2113.55 of the48
Revised Code;49

       (3) A purchaser if the sale of the automobile is made50
pursuant to section 2113.39 of the Revised Code.51

       (D) As used in division (A) of this section, "automobile"52
includes a motorcycle and includes a truck if the truck was used 53
as a method of conveyance by the deceased spouse or the deceased 54
spouse's family when the deceased spouse was alive.55

       Sec. 1337.18.  (A) The following form may be used to create a 56
power of attorney:57

Power of Attorney
58

[The powers granted by this document are broad and sweeping. They 59
are explained in Ohio Revised Code section 1337.20. If you have 60
any questions about these powers, obtain legal advice. You can use 61
any different form of power of attorney you may desire. This 62
document does not authorize anyone to make health-care decisions 63
for you. You can revoke this power of attorney at any time.]64

Principal (Person Granting the Power) 65
Name: 66
Address: 67
68
Telephone: 69

1. Notice to Principal.70

As the principal, you are using this document to give authority to 71
another person, known as your agent or attorney-in-fact, to make 72
decisions regarding your money and property. Your agent will have 73
the powers that you indicate below to make decisions about your 74
money and property without advance notice to you or approval by 75
you. 76

Unless expressly authorized in the power of attorney, a power of 77
attorney does not grant authority to an agent to do any of the 78
following:79

(a) Create, modify, or revoke a trust;80

(b) Fund with your property a trust not created by you or a person 81
authorized to create a trust for your benefit;82

(c) Make or revoke a gift of your property in trust or otherwise;83

(d) Create or change rights of survivorship in your property or in 84
property in which you may have an interest;85

(e) Designate or change the designation of a beneficiary to 86
receive any property, benefit, or contractual right on your death, 87
such as insurance benefits and retirement benefits; 88

(f) Create in the agent or a person to whom the agent owes a legal 89
duty of support the right to receive property, a benefit, or a 90
contractual right in which you have an interest;91

(g) Delegate the powers granted under the power of attorney to 92
another person.93

The powers that you give to your agent are explained more fully in 94
Ohio Revised Code sections 1337.19 and 1337.20. If you have any 95
questions about this document or the powers that you are giving to 96
your agent, you should obtain legal advice.97

2. Notice to Agent.98

Once you accept designation as the agent under this document or 99
exercise authority granted to you by the principal, a fiduciary 100
relationship is created between you and the principal. Unless 101
otherwise modified in this power of attorney, your duties include 102
the duty to do all of the following:103

(a) Act in good faith, with reasonable care for the best interests 104
of the principal;105

(b) Take no action beyond the scope of the authority given to you 106
in this document;107

(c) Keep complete record of all receipts, disbursements, and 108
transactions conducted for the principal.109

If you violate the terms of this document or the fiduciary duties 110
created by this relationship, you will be liable to the principal 111
or the principal's successors for loss or damage caused by your 112
violation.113

If there is anything about this document or your duties that you 114
do not understand, you should obtain legal advice.115

3. Designation of Agent(s).116

I, the above-named principal, hereby appoint and designate the 117
following as my Attorney(s)-in-Fact. (Insert the name(s), 118
address(es), and telephone number(s) of your agent(s) below. If 119
more space is needed, you may attach additional sheets.)120

Name: Name: 121
Address: Address: 122
123
Telephone: Telephone: 124

4. Designation of Successor Agent(s). 125

(Optional: acts if any named Agent dies, resigns, or is otherwise 126
unable to act or serve.)127

I, the above-named principal, hereby appoint and designate the 128
following as my successor Agent(s).129

First Successor: Second Successor: 130
Name: Name: 131
Address: Address: 132
133
Telephone: Telephone: 134

[If more than one Agent is designated, check the box in front of 135
one of the following statements.]136

[ ] Each Agent may independently exercise the powers granted.137

[ ] All Agents must jointly exercise the powers granted.138

[ ] A majority in number of Agents must jointly exercise the 139
powers granted.140

Any person can rely on a statement by a successor Agent that he or 141
she is properly acting under this document and may rely 142
conclusively on any action or decision made by that successor 143
Agent. That person does not have to make any further investigation 144
or inquiry.145

5. Grant of Power.146

I, the above-named Principal hereby appoint the above named 147
Agent(s) to act as my agent(s) in any way that I could act with 148
respect to the following matters, as each of them is defined in 149
Ohio Revised Code section 1337.20:150

[To grant all of the following powers, initial the line in front 151
of (W) and ignore the lines in front of the other powers. To grant 152
one or more, but fewer than all, of the following powers, initial 153
the line in front of each power you are granting. To withhold a 154
power, do not initial the line in front of it. You may, but need 155
not, cross out each power withheld.]156

Initial
157

 (A) Real property transactions 158
 (B) Tangible personal property transactions 159
 (C) Stock and bond transactions 160
 (D) Commodity and option transactions 161
 (E) Banking and other financial institution transactions 162
 (F) Business operating transactions 163
 (G) Proprietary interests and materials transactions 164
 (H) Insurance and annuity transactions 165
 (I) Retirement plan transactions 166
 (J) Safe deposit box transactions 167
 (K) Estate, trust, and other beneficiary transactions 168
 (L) Borrowing transactions 169
 (M) Fiduciary transactions 170
 (N) Personal relationships and affairs 171
 (O) Benefits from Social Security, Medicare, Medicaid, and other governmental programs, or military service 172
 (P) Records, reports, and statements 173
 (Q) Tax matters 174
 (R) Licenses 175
 (S) Access to documents 176
 (T) Employment of agents 177
 (U) Power to delegate 178
 (V) Claims and litigation 179
 (W) All powers listed above 180

Special Instructions:181

[On the following lines or on additional pages you may give 182
special instructions limiting or extending the powers granted to 183
your Agent.]184

185
186
187
188
189

6. Commencement and Duration of Power. 190

This power of attorney is effective: 191

[Check the appropriate box below to the left of your choice. If 192
you do not check any box, this power of attorney will become 193
effective when you sign it.]194

[ ] Immediately.195

[ ] Upon my incapacity as determined by the following person or 196
persons and set forth in an affidavit:197

198
199

[ ] Upon my incapacity as determined by two physicians and set 200
forth in an affidavit.201

[ ] Upon the following future date or event:202

203
204

This power of attorney shall terminate:205

[Check the appropriate box below to the left of your choice. If 206
you do not check any box, this power of attorney will terminate 207
upon your death.]208

[ ] Upon my death.209

[ ] Upon my incapacity as determined by the following person or 210
persons and set forth in an affidavit:211

212
213

[ ] Upon my incapacity as determined by two physicians and set 214
forth in an affidavit.215

[ ] Upon the following future date or event:216

217
218

7. Durability of Power.219

[The authority granted in this power of attorney can be effective 220
even during a period of disability. Check the appropriate box 221
below if you want this power of attorney to be effective or to not 222
be effective during any period of disability.]223

[ ] This power of attorney will continue in force and effect even 224
during any period in which I am disabled.225

[ ] This power of attorney will not be in force and will have no 226
effect during any period in which I am disabled.227

8. Obtaining Personal Health Information.228

[ ] My Agent shall be treated as my personal representative for 229
all purposes relating to my Personal Health Information as 230
provided in 45 CFR 164.502(g)(2) and for the Health Insurance 231
Portability and Accountability Act of 1996.232

[ ] My Agent shall not be treated as my personal representative 233
for any purposes relating to my Personal Health Information as 234
provided in 45 CFR 164.502(g)(2) and for the Health Insurance 235
Portability and Accountability Act of 1996.236

9. Compensation of Agent.237

[Your Agent will be reimbursed for all reasonable expenses 238
incurred in acting under this power of attorney. Check the 239
appropriate box below to indicate whether you want your Agent also 240
to be reasonably paid or not to be paid for services rendered as 241
Agent.]242

[ ] My Agent is entitled to reasonable compensation for services 243
rendered as Agent under this power of attorney.244

[ ] My Agent shall not receive any compensation for services 245
rendered as Agent under this power of attorney.246

10. Exoneration of Agent(s).247

My Agent is released from any liability to me and my estate 248
arising out of the acts or failures to act of my Agent, except for 249
willful misconduct or gross negligence. I agree to indemnify and 250
hold my Agent harmless against any liability or expense, including 251
attorney's fees, that my Agent may incur as the result of acting 252
or failing to act under this instrument, except for liability and 253
expense resulting from willful misconduct or gross negligence.254

11. Exoneration of Third Parties.255

I agree that any third party who receives a copy of this document 256
may act under it. Revocation of the power of attorney is not 257
effective as to a third party until the third party learns of the 258
revocation. I agree to indemnify the third party for any claims 259
that arise against the third party because of reliance on this 260
power of attorney.261

12. Self-Dealing.262

[With respect to the Agent's right to or not to enter into 263
transactions with you, check the box in front of one of the 264
following statements.]265

[ ] My Agent can enter into transactions with me or in my behalf 266
in which my Agent is personally interested as long as the terms of 267
the transaction are fair to me, notwithstanding any law 268
prohibiting acts of self-dealing.269

[ ] My Agent cannot enter into transactions with me or in my 270
behalf in which my Agent is personally interested.271

13. Property to Which this Instrument Applies.272

[Your Agent will have authority over some or all of your property. 273
Check the appropriate box below to indicate whether your Agent's 274
authority is over all of your property or over only some of your 275
property. If your Agent's authority is over only some of your 276
property, identify the property not subject to this power of 277
attorney.]278

[ ] This instrument will apply to all of my property, real or 279
personal, wherever located.280

[ ] This instrument will apply to all of my property, real or 281
personal, wherever located except for the following:282

[On the following lines or on additional pages you may list 283
property not subject to this power of attorney.]284

285
286
287
288
289

14. Amending and Revocation.290

I may amend or revoke this power of attorney at any time by a 291
signed instrument delivered to my Agent. If this instrument has 292
been filed or recorded in public records, then any amendment or 293
revocation also will be similarly filed or recorded, but a similar 294
filing or recording of the amendment or revocation will not be 295
necessary to effectuate the amendment or revocation with respect 296
to my Agent and to all persons who have actual knowledge of the 297
amendment or revocation.298

15. Nomination of Guardian.299

[With respect to your right to nominate a guardian of your person 300
or estate, or both, check the box in front of one of the following 301
statements.]302

[ ] If a guardian or conservator is ever needed for my estate, I 303
nominate my Agent or any other person that my Agent nominates as 304
my guardian or conservator. This nomination revokes any other 305
nomination I may have made in any other document dated prior to 306
the date of this power of attorney, including any nomination set 307
forth in a Health Care Durable Power of Attorney.308

[ ] If a guardian or conservator is ever needed for my estate, I 309
nominate ....................... as my guardian or conservator. 310
This nomination revokes any other nomination I may have made in 311
any other document dated prior to the date of this power of 312
attorney, including any nomination set forth in a Health Care 313
Durable Power of Attorney.314

[ ] I do not nominate any person as the guardian or conservator of 315
my estate under this instrument.316

16. Governing Law.317

The laws of the State of Ohio will govern all questions pertaining 318
to the validity and construction of this power of attorney.319

IN WITNESS WHEREOF, I have signed this Power of Attorney on [Date] 320
............321

322
(Principal's Signature) 323

[This instrument should be notarized or witnessed, or both, as 324
applicable law may require or as may be desired.]325

On ................... [Date], this instrument was signed by 326
....................... [Name of Principal] in our presence and 327
was acknowledged and declared by the Principal to be the 328
Principal's Power of Attorney. Immediately thereafter, at the 329
Principal's request, in the Principal's presence, and in the 330
presence of each other, we signed this instrument as subscribing 331
witnesses.332

333
(Witness) (Witness) 334

This document was acknowledged before me ................... 335
[Date] by ......................... [Name of Principal] who is 336
known to me or from whom I have obtained adequate proof of 337
identity.338

339
(Signature of notarial officer) 340

(Seal, if any) 341

(Title and Rank) 342

[My commission expires: ] 343

       (B) Except as otherwise required by the Revised Code, a 344
person may create a power of attorney using the form set forth in 345
division (A) of this section or any other form that is valid under 346
the common law of this state.347

       (C) A power of attorney may incorporate by reference any one 348
or more powers set forth in section 1337.20 of the Revised Code by 349
referencing the appropriate division of that section and the power 350
or powers to be incorporated.351

       Sec. 1337.19.  By executing a power of attorney in the form 352
set forth in division (A) of section 1337.18 of the Revised Code 353
or any other power of attorney that incorporates by reference a 354
power set forth in section 1337.20 of the Revised Code, the 355
principal, except as modified in the power of attorney, authorizes 356
the attorney in fact with respect to that power to do all of the 357
following:358

       (A) Demand, receive, and obtain by litigation or otherwise 359
money or any other thing of value to which the principal is, may 360
become, or claims to be entitled and conserve, invest, disburse, 361
or use anything so received for the purposes intended;362

       (B) Contract in any manner with any person, on terms 363
agreeable to the attorney in fact, to accomplish a purpose of a 364
transaction, and perform, rescind, reform, release, or modify the 365
contract or another contract made by or for the principal;366

       (C) Execute, acknowledge, seal, and deliver a deed, 367
revocation, mortgage, security interest, lease, notice, check, 368
promissory note, electronic funds transfer, release, or other 369
instrument or communication the attorney in fact considers 370
desirable to accomplish a purpose of a transaction;371

       (D) Prosecute, defend, submit to arbitration, settle, or 372
propose or accept a compromise with respect to a claim existing in 373
favor of or against the principal or intervene in litigation 374
relating to the claim;375

       (E) Seek on the principal's behalf the assistance of a court 376
to carry out an act authorized by the power of attorney; 377

       (F) Engage, compensate, and discharge an attorney, 378
accountant, expert witness, or other assistant;379

       (G) Keep appropriate records of each transaction, including 380
an accounting of receipts and disbursements;381

       (H) Prepare, execute, and file a record, report, or other 382
document the attorney in fact considers desirable to safeguard or 383
promote the principal's interest under a statute or governmental 384
regulation;385

       (I) Reimburse the attorney in fact for expenditures properly 386
made by the attorney in fact in exercising the powers granted by 387
the power of attorney; 388

       (J) Do any other lawful act with respect to the power of 389
attorney.390

       Sec. 1337.20.  Except as modified by the principal, a power 391
of attorney created by use of the form set forth in section 392
1337.18 of the Revised Code or any other power of attorney that 393
incorporates by reference any of the powers set forth below shall 394
be construed as follows:395

       (A) Language in a power of attorney that grants power with 396
respect to transactions concerning real property authorizes the 397
attorney in fact to do all of the following:398

       (1) Accept as a gift or as security for a loan, reject, 399
demand, buy, lease, receive, or otherwise acquire an interest in 400
real property, a right incident to real property, or real property 401
held in an undisclosed trust;402

       (2) Sell, exchange, convey with or without covenants, 403
quitclaim, release, surrender, mortgage, encumber, partition, 404
consent to partitioning, subdivide, apply for zoning, rezoning, or 405
other governmental permits, plat or consent to platting, develop, 406
grant options concerning, lease, sublease, or otherwise dispose of 407
an interest in real property or a right incident to real property;408

       (3) Release, assign, satisfy, and enforce by litigation or 409
otherwise a mortgage, deed of trust, encumbrance, lien, or other 410
claim to real property that exists or is asserted;411

       (4) Do any act of management or of conservation with respect 412
to an interest in real property, or a right incident to real 413
property, owned or claimed to be owned by the principal, 414
including, but not limited to, all of the following:415

       (a) Insure against a casualty, liability, or loss;416

       (b) Obtain or regain possession or protect, by litigation or 417
otherwise;418

       (c) Pay, compromise, or contest taxes or assessments or apply 419
for and receive refunds in connection with taxes or assessments;420

       (d) Purchase supplies, hire assistance or labor, and make 421
repairs or alterations;422

       (5) Use, develop, alter, replace, remove, erect, or install 423
structures or other improvements upon real property in or incident 424
to which the principal has, or claims to have, an interest or 425
right;426

       (6) Participate in a reorganization with respect to real 427
property or a legal entity that owns an interest in or right 428
incident to real property and receive and hold, directly or 429
indirectly, shares of stock or obligations received in a plan of 430
reorganization, and act with respect to them, including, but not 431
limited to, all of the following: 432

       (a) Sell or otherwise dispose of the shares or obligations;433

       (b) Exercise or sell an option, conversion, or similar right 434
with respect to the shares or obligations;435

       (c) Vote shares in person or by proxy;436

       (7) If specifically authorized in the power of attorney, 437
change the form of title of an interest in or right incident to 438
real property;439

       (8) Dedicate to public use, with or without consideration, 440
easements or other real property in which the principal has, or 441
claims to have, an interest.442

       (B) Language in a power of attorney granting power with 443
respect to transactions concerning tangible personal property 444
authorizes the attorney in fact to do all of the following:445

       (1) Accept as a gift or as security for a loan, reject, 446
demand, buy, receive, or otherwise acquire ownership or possession 447
of tangible personal property or an interest in tangible personal 448
property;449

       (2) Sell, exchange, convey with or without covenants, 450
release, surrender, create a security interest in, grant options 451
concerning, lease, sublease to others, or otherwise dispose of 452
tangible personal property or an interest in tangible personal 453
property;454

       (3) Release, assign, satisfy, or enforce, by litigation or 455
otherwise, a security interest, lien, or other claim with respect 456
to tangible personal property or an interest in tangible personal 457
property; 458

       (4) Do an act of management or conservation with respect to 459
tangible personal property or an interest in tangible personal 460
property, including, but not limited to, all of the following:461

       (a) Insure against casualty, liability, or loss;462

       (b) Obtain or regain possession, or protect, by litigation or 463
otherwise;464

       (c) Pay, compromise, or contest taxes or assessments or apply 465
for and receive refunds in connection with taxes or assessments;466

       (d) Move from place to place;467

       (e) Store for hire or on a gratuitous bailment; 468

       (f) Use, alter, and make repairs or alterations;469

       (5) If specifically authorized in the power of attorney, 470
change the form of title of an interest in or right incident to 471
tangible personal property.472

       (C)Language in a power of attorney granting power with 473
respect to transactions concerning stocks and bonds authorizes the 474
attorney in fact to do all of the following:475

       (1) Buy, sell, and exchange stocks, bonds, mutual funds, and 476
all other types of securities and financial instruments, whether 477
held directly or indirectly, except commodity futures contracts 478
and call and put options on stocks and stock indexes;479

       (2) Receive certificates and other evidences of ownership 480
with respect to securities;481

       (3) Exercise voting rights with respect to securities in 482
person, in writing, or by proxy;483

       (4) Enter into voting trusts;484

       (5) Consent to limitations on the right to vote.485

       (D) Language in a power of attorney granting power with 486
respect to transactions concerning commodities and options 487
authorizes the attorney in fact to do all of the following:488

       (1) Buy, sell, exchange, assign, settle, and exercise 489
commodity futures contracts and call and put options on stocks and 490
stock indexes traded on a regulated option exchange; 491

       (2) Establish, continue, modify, and terminate option 492
accounts with a broker.493

       (E) Language granting power with respect to transactions 494
concerning banks and other financial institutions authorizes the 495
attorney in fact to do all of the following:496

       (1) Continue, modify, and terminate an account or other 497
banking arrangement made by or for the principal;498

       (2) Establish, modify, and terminate an account or other 499
banking arrangement with a bank, trust company, savings and loan 500
association, credit union, thrift company, brokerage firm, or 501
other financial institution selected by the attorney in fact;502

       (3) Contract to procure other services available from a 503
financial institution as the attorney in fact considers desirable;504

       (4) Withdraw by check, order, or otherwise money or property 505
of the principal deposited with or left in the custody of a 506
financial institution;507

       (5) Receive bank statements, vouchers, notices, and similar 508
documents from a financial institution and act with respect to 509
them;510

       (6) Borrow money at an interest rate agreeable to the 511
attorney in fact and pledge as security personal property of the 512
principal necessary in order to borrow, pay, renew, or extend the 513
time of payment of a debt of the principal;514

       (7) Make, assign, draw, endorse, discount, guarantee, and 515
negotiate promissory notes, checks, drafts, and other negotiable 516
or nonnegotiable paper of the principal, or payable to the 517
principal or the principal's order, make funds transfers, receive 518
the cash or other proceeds of those transactions, and accept and 519
pay when due a draft drawn by a person upon the principal;520

       (8) Receive and act upon a sight draft, warehouse receipt, or 521
other negotiable or nonnegotiable instrument;522

       (9) Apply for and receive letters of credit, credit and debit 523
cards, and traveler's checks from a financial institution, and 524
give an indemnity or other agreement in connection with letters of 525
credit;526

       (10) Consent to an extension of the time of payment with 527
respect to commercial paper or a financial transaction with a 528
financial institution.529

       (F) Language in a power of attorney granting power with 530
respect to operating a business authorizes the attorney in fact to 531
do all of the following:532

       (1) Operate, buy, sell, enlarge, reduce, or terminate a 533
business interest;534

       (2) Subject to the terms of a partnership agreement or 535
operating agreement, do all of the following:536

       (a) Perform a duty or discharge a liability and exercise a 537
right, power, privilege, or option that the principal has, may 538
have, or claims to have, under the partnership agreement or 539
operating agreement;540

       (b) Enforce the terms of the partnership agreement or 541
operating agreement by litigation or otherwise;542

       (c) Defend, submit to arbitration, settle, or compromise 543
litigation to which the principal is a party because of membership 544
in a partnership or limited liability company;545

       (3) Exercise in person or by proxy, or enforce by litigation 546
or otherwise, a right, power, privilege, or option the principal 547
has or claims to have as the holder of a bond, share, or other 548
instrument of similar character and defend, submit to arbitration, 549
settle, or compromise litigation to which the principal is a party 550
because of a bond, share, or similar instrument;551

       (4) With respect to a business controlled by the principal, 552
do all of the following:553

       (a) Continue, modify, renegotiate, extend, and terminate a 554
contract made with an individual or a legal entity by or for the 555
principal with respect to the business before execution of the 556
power of attorney;557

       (b) Determine all of the following:558

       (i) The location of its operation;559

       (ii) The nature and extent of its business;560

       (iii) The methods of manufacturing, selling, merchandising, 561
financing, accounting, and advertising employed in its operation;562

       (iv) The amount and types of insurance carried;563

       (v) The mode of engaging, compensating, and dealing with its 564
accountants, attorneys, and other attorneys in fact and employees;565

       (c) Change the name or form of organization under which the 566
business is operated and enter into a partnership agreement or 567
operating agreement with other persons or organize a corporation 568
or other business entity to take over all or part of the operation 569
of the business;570

       (d) Demand and receive money due or claimed by the principal 571
or on the principal's behalf in the operation of the business, and 572
control and disburse the money in the operation of the business;573

       (5) Put additional capital into a business in which the 574
principal has an interest;575

       (6) Join in a plan of reorganization, consolidation, or 576
merger of the business;577

       (7) Sell or liquidate a business or part of it at the time 578
and upon the terms the attorney in fact considers desirable;579

       (8) Establish the value of a business under a buy-out 580
agreement to which the principal is a party;581

       (9) Prepare, sign, file, and deliver reports, compilations of 582
information, returns, or other papers with respect to a business 583
that are required by a governmental agency or instrumentality or 584
that the attorney in fact considers desirable and make related 585
payments; 586

       (10) Pay, compromise, or contest taxes or assessments and do 587
any other act that the attorney in fact considers desirable to 588
protect the principal from illegal or unnecessary taxation, fines, 589
penalties, or assessments with respect to a business, including 590
attempts to recover, in any manner permitted by law, money paid 591
before or after the execution of the power of attorney.592

       (G) Language in a power of attorney granting power with 593
respect to proprietary interests and materials transactions 594
authorizes the attorney in fact in connection with or with respect 595
to any artistic, domestic, intellectual, literary, mechanical, 596
scientific, or other proprietary interest or material to do all of 597
the following: 598

       (1) Abandon, apply for, extend, maintain, modify, receive, 599
renew, secure, or terminate any protection by copyright, patent, 600
registration, or other mechanism for any composition, design, 601
device, discovery, formula, invention, mark, name, process, 602
program, recipe, service mark, trademark, trade name, or other 603
protectable intangible or tangible endeavor or work;604

       (2) Appeal from, compromise, conduct, defend, intervene in, 605
participate in, prosecute, settle, or terminate any proceeding 606
before any administrative, judicial, or other agency, board, body, 607
commission, court, examiner, judge, magistrate, officer, or other 608
official or tribunal with jurisdiction of any proprietary interest 609
or material;610

       (3) Arrange or contract for payment or receipt of any 611
charges, fees, royalties, or other payments for assignment, 612
license, sale, transfer, use, or other exploitation of any 613
proprietary interest or material;614

       (4) Deal in and with any business data, business or trade 615
secret, business method, client or customer list, dealership, 616
franchise, license, manufacturing process, or other proprietary 617
interest or material. 618

       (H) Language in a power of attorney granting power with 619
respect to insurance and annuities authorizes the attorney in fact 620
to do all of the following:621

       (1) Continue, pay the premium or assessment on, modify, 622
rescind, release, or terminate a contract procured by or for the 623
principal that insures or provides an annuity to either the 624
principal or another person, whether or not the principal is a 625
beneficiary under the contract;626

       (2) Procure new, different, or additional contracts of 627
insurance or annuities for the principal or the principal's 628
spouse, children, or other dependents and select the amount, type 629
of insurance or annuity, and mode of payment;630

       (3) Pay the premium or assessment on, modify, rescind, 631
release, or terminate a contract of insurance or annuity procured 632
by the attorney in fact;633

       (4) Apply for and receive a loan on the security of a 634
contract of insurance or annuity;635

       (5) Surrender and receive the cash surrender value;636

       (6) Exercise an election that is not specifically prohibited;637

       (7) Change the manner of paying premiums;638

       (8) Change or convert the type of insurance or annuity, with 639
respect to which the principal has or claims to have a power 640
described in this section;641

       (9) If specifically authorized in the power of attorney, 642
change the beneficiary of a contract of insurance or annuity 643
designated by the principal;644

       (10) Apply for and procure government aid to guarantee or pay 645
premiums of a contract of insurance on the life of the principal;646

       (11) Collect, sell, assign, hypothecate, borrow upon, or 647
pledge the interest of the principal in a contract of insurance or 648
annuity;649

       (12) Pay from proceeds or otherwise, compromise or contest, 650
and apply for refunds in connection with, a tax or assessment 651
levied by a taxing authority with respect to a contract of 652
insurance or annuity or its proceeds or liability accruing by 653
reason of the tax or assessment.654

       (I) Language in a power of attorney granting power with 655
respect to retirement plan transactions authorizes the attorney in 656
fact to do all of the following:657

       (1) Contribute to, withdraw from, and deposit funds in any 658
type of retirement plan, including, but not limited to, any tax 659
qualified or nonqualified pension, profit sharing, stock bonus, 660
employee savings and other retirement plan, individual retirement 661
account, deferred compensation plan, or other type of employee 662
benefit plan; 663

       (2) Select and change payment options for the principal under 664
any retirement plan;665

       (3) Make rollover contributions from any retirement plan to 666
other retirement plans or individual retirement accounts;667

       (4) Exercise all investment powers available under any type 668
of self-directed retirement plan. 669

       (J) Language in a power of attorney granting power with 670
respect to safe deposit transactions authorizes the attorney in 671
fact to do all of the following:672

       (1) Open, continue, and have access to all safe deposit 673
boxes;674

       (2) Sign, renew, release, or terminate any safe deposit 675
contract;676

       (3) Drill or surrender any safe deposit box.677

       (K)(1) Language in a power of attorney granting power with 678
respect to estates, trusts, and other relationships in which the 679
principal is a beneficiary authorizes the attorney in fact to act 680
for the principal in all matters that affect a trust, probate 681
estate, guardianship, conservatorship, escrow, custodianship, or 682
other fund from which the principal is, may become, or claims to 683
be entitled as a beneficiary to a share or payment, including all 684
of the following:685

       (a) Accept, reject, disclaim, receive, receipt for, sell, 686
assign, release, pledge, exchange, or consent to a reduction in or 687
modification of a share in or payment from the fund;688

       (b) Demand or obtain by litigation or otherwise money or any 689
other thing of value to which the principal is, may become, or 690
claims to be entitled by reason of the fund;691

       (c) Initiate, participate in, and oppose litigation to 692
ascertain the meaning, validity, or effect of a deed, will, 693
declaration of trust, or other instrument or transaction affecting 694
the interest of the principal;695

       (d) Initiate, participate in, and oppose litigation to 696
remove, substitute, or surcharge a fiduciary;697

       (e) Conserve, invest, disburse, and use anything received for 698
an authorized purpose;699

       (f) Transfer an interest of the principal in real property, 700
stocks, bonds, accounts with financial institutions, insurance, 701
and other property to the trustee of a revocable trust created by 702
the principal as settlor; 703

       (g) Transfer an interest of the principal in real property to 704
any trustee or trustees of an undisclosed trust for the benefit of 705
the principal;706

       (h) If specifically authorized in the power of attorney, 707
designate or change the designation of a beneficiary to receive 708
any property, benefit, or contractual right on the principal's 709
death.710

       (2) Unless expressly authorized in the power of attorney, 711
language granting power with respect to estates, trusts, and other 712
relationships in which the principal is a beneficiary does not 713
include authority to create, modify, or revoke a trust or 714
authority to fund with the principal's property a trust not 715
created by the principal or a person authorized to create a trust 716
for the principal.717

       (L) Language in a power of attorney granting power with 718
respect to borrowing transactions authorizes the attorney in fact 719
to do all of the following:720

       (1) Borrow money;721

       (2) Mortgage or pledge any real estate, tangible personal 722
property, or intangible personal property as security for any 723
borrowing transactions;724

       (3) Sign, renew, extend, pay, and satisfy any notes or other 725
forms of obligations.726

       (M)(1) Language in a power of attorney granting power with 727
respect to fiduciary transactions authorizes the attorney in fact 728
to do all of the following:729

       (a) Represent and act for the principal in all ways and in 730
all matters affecting any fund with respect to which the principal 731
is a fiduciary; 732

       (b) Initiate, participate in, and oppose any judicial or 733
other proceeding for the removal, substitution, or surcharge of a 734
fiduciary, conserve, invest, or disburse anything received for the 735
purposes of the fund for which it is received, and reimburse the 736
attorney in fact for any expenditures properly made by the 737
attorney in fact in the execution of the powers conferred on the 738
attorney in fact by the power of attorney;739

       (c) Agree and contract in any manner, with any person, and on 740
any terms that the attorney in fact selects for the accomplishment 741
of the purposes set forth in division (M) of this section and 742
perform, rescind, reform, release, or modify the agreement or 743
contract or any other similar agreement or contract made by or for 744
the principal;745

       (d) Execute, acknowledge, verify, seal, file, and deliver any 746
consent, designation, pleading, notice, demand, election, 747
conveyance, release, assignment, check, pledge, waiver, admission 748
of service, notice of appearance, or other instrument that the 749
attorney in fact determines is useful for the accomplishment of 750
any of the purposes set forth in division (M) of this section; 751

       (e) Hire, discharge, and compensate any attorney, accountant, 752
expert witness, or other assistants when the attorney in fact 753
determines that action to be desirable for the proper execution by 754
the attorney in fact of any of the powers described in division 755
(M) of this section and for the keeping of needed records;756

       (f) Perform any other acts with respect to a fund of which 757
the principal is a fiduciary. 758

       (2) Division (M) of this section does not authorize a 759
fiduciary to delegate any power of a fiduciary unless the power is 760
one the fiduciary is authorized to delegate under the terms of the 761
trust agreement or other instrument governing the exercise of the 762
power or under the law of the jurisdiction that governs that trust 763
agreement or other instrument. 764

       (3) As used in division (M) of this section, "fund" means any 765
trust, probate estate, guardianship, conservatorship, escrow, 766
custodianship, or other fund in which the principal has, or claims 767
to have, an interest as a fiduciary. 768

       (4) All powers described in division (M) of this section may 769
be exercised equally with respect to any fund of which the 770
principal is a fiduciary as of the date of the power of attorney 771
or becomes a fiduciary after that date, and regardless of whether 772
the fund is located in the state of Ohio or elsewhere. 773

       (N) Language in a power of attorney granting power with 774
respect to personal and family maintenance authorizes the attorney 775
in fact to do all of the following:776

       (1) Do the acts necessary to maintain the customary standard 777
of living of the principal, the principal's spouse, children, and 778
other individuals customarily or legally entitled to be supported 779
by the principal, including providing living quarters by purchase, 780
lease, or other contract or paying the operating costs, including 781
interest, amortization payments, repairs, and taxes, on premises 782
owned by the principal and occupied by those individuals;783

       (2) For the individuals described in division (N)(1) of this 784
section, provide normal domestic help, usual vacations and travel 785
expenses, and funds for shelter, clothing, food, appropriate 786
education, and other current living costs;787

       (3) For the individuals described in division (N)(1) of this 788
section, pay expenses for necessary medical, dental, and surgical 789
care, hospitalization, and custodial care; 790

       (4) For the individuals described in division (N)(1) of this 791
section, continue any provision made by the principal for 792
automobiles or other means of transportation, including 793
registering, licensing, insuring, and replacing them;794

       (5) Maintain or open charge accounts for the convenience of 795
the individuals described in division (N)(1) of this section and 796
open new accounts the attorney in fact considers desirable to 797
accomplish a lawful purpose;798

       (6) Continue payments incidental to the membership or 799
affiliation of the principal in a church, club, society, order, or 800
other organization or continue contributions to those 801
organizations.802

       (O) Language in a power of attorney granting power with 803
respect to benefits from social security, medicare, medicaid, 804
other governmental programs, or civil or military service 805
authorizes the attorney in fact to do all of the following:806

       (1) Execute vouchers in the name of the principal for 807
allowances and reimbursements payable by the United States or a 808
foreign government or by a state or political subdivision of a 809
state to the principal, including allowances and reimbursements 810
for transportation of the principal's spouse, children, and other 811
individuals customarily or legally entitled to be supported by the 812
principal, and for shipment of their household effects;813

       (2) Take possession and order the removal and shipment of 814
property of the principal from a governmental or private post, 815
warehouse, depot, dock, or other place of storage or safekeeping 816
and execute and deliver a release, voucher, receipt, bill of 817
lading, shipping ticket, certificate, or other instrument for that 818
purpose;819

       (3) Prepare, file, and prosecute a claim of the principal to 820
a benefit or assistance, financial or otherwise, to which the 821
principal claims to be entitled under a statute or governmental 822
regulation;823

       (4) Prosecute, defend, submit to arbitration, settle, and 824
propose or accept a compromise with respect to any benefits the 825
principal may be entitled to receive;826

       (5) Receive the financial proceeds of a claim of the type 827
described in division (O) of this section and conserve, invest, 828
disburse, or use anything so received for a lawful purpose.829

       (P)(1) Language in a power of attorney granting power with 830
respect to records, reports, and statements authorizes the 831
attorney in fact to do all of the following:832

       (a) Keep records of all cash received and disbursed for or on 833
account of the principal, of all credits and debits to the account 834
of the principal, and of all transactions affecting in any way the 835
assets and liabilities of the principal; 836

       (b) Prepare, execute, and file all tax, social security, 837
unemployment insurance, and information returns required by the 838
laws of the United States, of any state or political subdivision 839
of any state, or of any foreign government and to prepare, 840
execute, and file all other papers and instruments that the 841
attorney in fact determines is desirable or necessary for the 842
safeguarding of the principal against excess or illegal taxation 843
or against penalties imposed for a claimed violation of any law or 844
other governmental regulation; 845

       (c) Prepare, execute, and file any record, report, or 846
statement with respect to price, rent, wage, or rationing control 847
or other governmental activity that the attorney in fact 848
determines is desirable or necessary for the safeguarding or 849
maintenance of the principal's interest; 850

       (d) Hire, discharge, and compensate any attorney, accountant, 851
or other assistant when the attorney in fact determines that 852
action to be desirable for the proper execution by the attorney in 853
fact of any of the powers described in this section;854

       (e) Do any other act, in connection with the preparation, 855
execution, filing, storage, or other utilization of any records, 856
reports, or statements of or concerning the principal's affairs 857
that the principal can do through an attorney in fact. 858

       (2) An attorney in fact may exercise all powers described in 859
division (P)(1) of this section equally with respect to any 860
records, reports, or statements of or concerning the affairs of 861
the principal as they exist at the time the principal gives the 862
power of attorney or after the principal gives the power of 863
attorney, in the state of Ohio or elsewhere. 864

       (Q) Language in a power of attorney granting power with 865
respect to tax matters authorizes the attorney in fact to do all 866
of the following:867

       (1) Prepare, sign, and file federal, state, local, and 868
foreign income, gift, payroll, and other tax returns, claims for 869
refunds, requests for extensions of time, petitions regarding tax 870
matters, and any other tax-related documents, including receipts, 871
offers, waivers, consents (including consents and agreements under 872
section 2032A of the "Internal Revenue Code of 1986," Pub. L. No. 873
94-455, 26 U.S.C. 2032A, as amended), closing agreements, and any 874
power of attorney required by any tax collection or enforcement 875
agency with respect to a tax year upon which the statute of 876
limitations has not run and the following twenty-five tax years; 877

       (2) Pay taxes due, collect refunds, post bonds, receive 878
confidential information, and contest deficiencies determined by 879
any tax collection or enforcement agency;880

       (3) Exercise any election available to the principal under 881
federal, state, local, or foreign tax law;882

       (4) Act for the principal in all tax matters for all periods 883
before any tax collection or enforcement agency.884

       (R) Language in a power of attorney granting power with 885
respect to licenses authorizes the attorney in fact to obtain, 886
renew, or transfer all of the following:887

       (1) Automobile, truck, boat, and other vehicle licenses;888

       (2) Business licenses of any type.889

       (S) Language in a power of attorney granting power with 890
respect to access to documents authorizes the attorney in fact to 891
do all of the following:892

       (1) Have access to and possession of the principal's will, 893
trusts, instruments, deeds, life insurance policies, contracts, 894
employee benefit records, and other documents, including, but not 895
limited to, documents protected under the "Financial Services 896
Modernization Act of 1999," Pub. L. No. 106-102, 15 U.S.C. 6801, 897
as amended, and the "Health Insurance Portability and 898
Accountability Act of 1996," Pub. L. No. 104-191, 42 U.S.C. 300gg, 899
as amended;900

       (2) Have access to mail and redirect mail.901

       (T) Language in a power of attorney granting power with 902
respect to employment of agents authorizes the attorney in fact to 903
do all of the following:904

       (1) Employ attorneys, accountants, investment advisors, 905
expert witnesses, realtors, or other professionals when the 906
attorney in fact believes the employment of the professional to be 907
desirable; 908

       (2) Pay any agents reasonable compensation. 909

       (U) Language in a power of attorney with respect to 910
delegation authorizes the attorney in fact to delegate any or all 911
of the powers granted by the principal to any person or persons 912
whom the attorney in fact selects.913

       (V) Language in a power of attorney granting power with 914
respect to claims and litigation authorizes the attorney in fact 915
to do all of the following:916

       (1) Assert and prosecute before a court or administrative 917
agency a claim, claim for relief, cause of action, counterclaim, 918
offset, or defense against an individual, organization, or 919
government, including an action to recover property or any other 920
thing of value, to recover damages sustained by the principal, to 921
eliminate or modify tax liability, or to seek an injunction, 922
specific performance, or other relief;923

       (2) Bring an action to determine adverse claims, intervene in 924
litigation, and act as amicus curiae;925

       (3) In connection with litigation, procure an attachment, 926
garnishment, libel, order of arrest, or other preliminary, 927
provisional, or intermediate relief and use any available 928
procedure to effect or satisfy a judgment, order, or decree;929

       (4) In connection with litigation, perform any lawful act, 930
including acceptance of tender, offer of judgment, admission of 931
facts, submission of a controversy on an agreed statement of 932
facts, consent to examination before trial, and bind the principal 933
in litigation;934

       (5) Submit to arbitration, settle, and propose or accept a 935
compromise with respect to a claim or litigation;936

       (6) Waive the issuance and service of process upon the 937
principal, accept service of process, appear for the principal, 938
designate persons upon whom process directed to the principal may 939
be served, execute and file or deliver stipulations on the 940
principal's behalf, verify pleadings, seek appellate review, 941
procure and give surety and indemnity bonds, contract and pay for 942
the preparation and printing of records and briefs, and receive 943
and execute and file or deliver a consent, waiver, release, 944
confession of judgment, satisfaction of judgment, notice, 945
agreement, or other instrument in connection with the prosecution, 946
settlement, or defense of a claim or litigation;947

       (7) Act for the principal with respect to a voluntary or 948
involuntary bankruptcy or insolvency proceeding concerning the 949
principal or another person, a reorganization proceeding, or a 950
receivership or application for the appointment of a receiver or 951
trustee that affects an interest of the principal in property or 952
any other thing of value;953

       (8) Pay a judgment against the principal or a settlement made 954
in connection with litigation and receive and conserve money or 955
any other thing of value paid in settlement of or as proceeds of a 956
claim or litigation.957

       Section 2.  That existing section 2106.18 of the Revised Code 958
is hereby repealed.959