As Passed by the House

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 426

Representatives Dolan, Chandler, Yuko, Fessler, Wagoner, Reidelbach, McGregor, J., Willamowski, DeGeeter, Harwood, Allen, Bubp, Carano, Cassell, Collier, Combs, DeBose, Distel, Domenick, Flowers, Gibbs, Hartnett, Hughes, Key, Law, Martin, Miller, Otterman, Patton, T., Perry, Sayre, Schlichter, Schneider, Seitz, Setzer, Smith, G., Walcher, Williams, Wolpert 

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A BILL

To amend sections 1111.19, 1721.211, 2101.24,

1

2106.20, 2108.50, 2109.02, 2111.13, 2113.031,

2

2113.37, 2117.25, 4511.451, 4717.21, and 4717.22

3

and to enact sections 2108.70 to 2108.90, and

4

2117.251 of the Revised Code regarding the

5

assignment of the right to direct the disposition

6

of an adult's remains after death and to make

7

arrangements and purchase goods and services

8

related to an adult's funeral, cremation, burial,

9

or other manner of final disposition.

10

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

Section 1.  That sections 1111.19, 1721.211, 2101.24,	11
2106.20, 2108.50, 2109.02, 2111.13, 2113.031, 2113.37, 2117.25,	12
4511.451, 4717.21, and 4717.22 be amended and sections 2108.70,	13
2108.71, 2108.72, 2108.73, 2108.74, 2108.75, 2108.76, 2108.77,	14
2108.78, 2108.79, 2108.80, 2108.81, 2108.82, 2108.83, 2108.84,	15
2108.85, 2108.86, 2108.87, 2108.88, 2108.89, 2108.90, and 2117.251	16
of the Revised Code be enacted to read as follows:	17

Sec. 1111.19.  (A) As used in this section:

18

(1) "Financial institution" means a bank, savings bank, or	19
savings association located in this state and insured by the	20
federal deposit insurance corporation or a credit union authorized	21
to do business in this state.	22

(2) "Preneed funeral contract" means a written agreement,	23
contract, or series of contracts to sell or otherwise provide any	24
funeral services, funeral goods, or any combination thereof, to be	25
used in connection with the funeral or final disposition of a dead	26
human body, where payment for the goods or services is made either	27
outright or on an installment basis, prior to the death of the	28
person purchasing them or for whom they are purchased. A preneed	29
funeral contract that includes funeral services may be sold only	30
by a funeral director licensed pursuant to Chapter 4717. of the	31
Revised Code. For the purpose of this section, "funeral goods"	32
includes caskets. "Preneed funeral contract" does not include any	33
preneed cemetery merchandise and services contract or any	34
agreement, contract, or series of contracts pertaining to the sale	35
of any burial lot, burial or interment right, entombment right, or	36
columbarium right with respect to which an endowment care fund is	37
established or is exempt from establishment pursuant to section	38
1721.21 of the Revised Code.	39

(B)(1) Any preneed funeral contract that involves the payment	40
of money shall be in writing and in compliance with the laws and	41
rules of this state. One hundred per cent of all payments for	42
funeral goods and services made under a preneed funeral contract	43
shall remain intact and held in trust for the benefit of the	44
person for whose benefit the contract is made. No money in a	45
preneed funeral contract trust shall be distributed from the trust	46
except as provided in this section. Any purchaser on initially	47
entering into a preneed funeral contract may, within seven days,	48
rescind the contract and request and receive from the seller one	49
hundred per cent of all payments made under the contract.	50

(2) Every preneed funeral contract entered into on or after	51
the effective date of this amendment shall include a provision in	52
substantially the following form:	53

NOTICE: Under Ohio law, the person holding the right of	54
disposition of the remains of the beneficiary of this contract	55
pursuant to section 2108.70 or 2108.81 of the Revised Code will	56
have the right to make funeral arrangements inconsistent with the	57
arrangements set forth in this contract. However, the beneficiary	58
is encouraged to state his or her preferences as to funeral	59
arrangements in a declaration of the right of disposition pursuant	60
to section 2108.72 of the Revised Code, including that the	61
arrangements set forth in this contract shall be followed.	62

(C) Within thirty days after the seller of funeral goods or	63
services receives any payment under a preneed funeral contract,	64
the seller shall deliver the moneys received and not returned to	65
the purchaser as provided in division (B) of this section, to the	66
trustee designated in the preneed funeral contract or an amendment	67
to it.	68

(D) The trustee of each preneed funeral contract trust shall	69
be a financial institution or a natural person not required by	70
this chapter to be licensed to do trust business. A natural person	71
acting as trustee of a preneed funeral contract trust shall be	72
bonded by a corporate surety bond in an amount not less than one	73
hundred per cent of the funds in all of the preneed funeral	74
contract trusts the person serves as trustee.	75

(E)(1) A trustee shall establish a separate preneed funeral	76
contract trust for the moneys paid under each preneed funeral	77
contract, unless the purchaser under a preneed funeral contract	78
authorizes the trustee to place the moneys paid in a combined	79
preneed funeral contract trust. The trustee of a combined preneed	80
funeral contract trust shall keep exact records of the corpus,	81
income, expenses, and disbursements with regard to each	82
beneficiary of a preneed funeral contract for whom moneys are held	83
in the trust. The terms of a preneed funeral contract trust shall	84
be governed by this section.	85

(2) A trustee may charge a fee for managing a preneed funeral	86
contract trust. The fee shall not exceed the amount regularly or	87
usually charged for similar services rendered by the financial	88
institution when serving as a trustee, and shall be paid only from	89
the income on that trust.	90

(F) No preneed funeral contract shall restrict the purchaser	91
from making the contract irrevocable. On the purchase by an	92
individual of an irrevocable preneed funeral contract, the selling	93
funeral director assumes the legal obligation to provide for the	94
funeral of the individual pursuant to the terms of the contract.	95

(G) The purchaser of a preneed funeral contract that is not	96
irrevocable may, on not less than fifteen days' notice, cancel the	97
contract and request and receive from the trustee payments made	98
under the contract and any income earned up to the time of	99
cancellation, less fees, distributions, and expenses made pursuant	100
to this section; except, if a preneed funeral contract stipulates	101
a firm or fixed or guaranteed price for funeral services and goods	102
for future use at a time determined by the death of the	103
beneficiary of the preneed funeral contract, the purchaser, on not	104
less than fifteen days' notice, may cancel the contract and	105
receive from the trustee ninety per cent of the principal paid	106
pursuant to the preneed funeral contract, not less than eighty per	107
cent of any interest earned up to the time of cancellation, and	108
not less than eighty per cent of any income earned on the funds	109
since the funds were paid to the seller and up to the time of	110
cancellation less any fees, distributions, and expenses. On	111
cancellation, after the funds have been distributed to the	112
purchaser pursuant to this division, the trustee shall distribute	113
all remaining funds attributable to the canceled preneed funeral	114
contract to the seller. If more than one purchaser enters into the	115
contract, all of those purchasers must request cancellation for it	116
to be effective under this division, and the trustee shall refund	117
to each purchaser only those funds that purchaser has paid under	118
the contract and a proportionate amount of any income earned on	119
those funds, less any fees, distributions, and expenses.	120

(H) A certified copy of the certificate of death or other	121
evidence of death satisfactory to the trustee shall be furnished	122
to the trustee as evidence of death, and the trustee shall	123
promptly pay the accumulated payments and income, if any,	124
according to the preneed funeral contract. The payment of the	125
accumulated payments and income pursuant to this section and, when	126
applicable, the preneed funeral contract, shall relieve the	127
trustee of any further liability on the accumulated payments and	128
income.	129

(I) For purposes of this section, the seller is deemed to	130
have delivered funeral goods pursuant to a preneed funeral	131
contract when either of the following occurs:	132

(1) The seller makes actual delivery of the goods to the	133
beneficiary;	134

(2) The seller does all of the following:

135

(a) Receives delivery of the goods on behalf of the	136
beneficiary;	137

(b) Stores the goods upon the real property of a funeral home	138
licensed in this state;	139

(c) Notifies the beneficiary of receipt of the goods and	140
identifies the specific location of the goods;	141

(d) At the time of the purchaser's final payment, provides	142
the beneficiary with evidence of ownership in the beneficiary's	143
name showing the goods to be free and clear of any liens or other	144
encumbrances.	145

(J) The seller of funeral goods or services under a preneed	146
funeral contract annually shall submit to the board of embalmers	147
and funeral directors the reports the board requires.	148

(K) The general assembly intends this section to be construed	149
as a limitation on the manner in which a person is permitted to	150
accept funds in prepayment for funeral services to be performed in	151
the future, or funeral goods to be used in connection with the	152
funeral or final disposition of human remains, to the end that at	153
all times members of the public may have an opportunity to arrange	154
and pay for funerals for themselves and their families in advance	155
of need while at the same time providing all possible safeguards	156
to ensure that prepaid funds cannot be dissipated, whether	157
intentionally or not, but remain available for payment for funeral	158
goods and services in connection with the funeral or final	159
disposition of dead human bodies.	160

(L) This section does not apply when the seller of funeral	161
goods or services under a preneed funeral contract is an	162
established and legally cognizable church or denomination that is	163
exempt from federal income taxation under section 501(c)(3) of the	164
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501,	165
as amended, and the preneed funeral contract pertains to a	166
cemetery owned and operated entirely and exclusively by the church	167
or denomination; provided the church or denomination adopts, on a	168
voluntary basis, rules and other measures to safeguard and secure	169
all funds received under any preneed funeral contract.	170

(M) This section does not prohibit persons who are not	171
licensed funeral directors from selling funeral goods pursuant to	172
a preneed funeral contract; however, all sellers of funeral goods	173
pursuant to a preneed funeral contract shall comply with this	174
section unless the seller is specifically exempt from compliance	175
by this section.	176

Sec. 1721.211.  (A) As used in this section, "preneed	177
cemetery merchandise and services contract" means a written	178
agreement, contract, or series of contracts to sell or otherwise	179
provide an outer burial container, monument, marker, urn, other	180
type of merchandise customarily sold by cemeteries, or opening and	181
closing services to be used or provided in connection with the	182
final disposition of a dead human body, where payment for the	183
container, monument, marker, urn, other type of merchandise	184
customarily sold by cemeteries, or opening and closing services is	185
made either outright or on an installment basis, prior to the	186
death of the person so purchasing or for whom so purchased.	187
"Preneed cemetery merchandise and services contract" does not	188
include any preneed funeral contract or any agreement, contract,	189
or series of contracts pertaining to the sale of any burial lot,	190
burial or interment right, entombment right, or columbarium right	191
with respect to which an endowment care trust is established or is	192
exempt from establishment pursuant to section 1721.21 of the	193
Revised Code.	194

(B) Subject to the limitations and restrictions contained in	195
Chapters 1101. to 1127. of the Revised Code, a trust company	196
licensed under Chapter 1111. of the Revised Code or a national	197
bank or federal savings association that pledges securities in	198
accordance with section 1111.04 of the Revised Code or the	199
individuals described in division (C)(2) of this section have the	200
power as trustee to receive and to hold and invest in accordance	201
with sections 2109.37 and 2109.371 of the Revised Code moneys	202
under a preneed cemetery merchandise and services contract.	203

(C)(1) The greater of one hundred ten per cent of the	204
seller's actual cost or thirty per cent of the seller's retail	205
price of the merchandise and seventy per cent of the seller's	206
retail price of the services to be provided under a preneed	207
cemetery merchandise and services contract shall remain intact as	208
a fund until the death of the person for whose benefit the	209
contract is made or the merchandise is delivered as set forth in	210
division (K) of this section. However, any moneys held pursuant to	211
this section shall be released upon demand of the person for whose	212
benefit the contract was made or upon the demand of the seller for	213
its share of the moneys held and earned interest if the contract	214
has been canceled as set forth in division (G) of this section.	215

(2) The trustee of the fund described in division (C)(1) of	216
this section shall be a trust company licensed under Chapter 1111.	217
of the Revised Code or a national bank or federal savings	218
association that pledges securities in accordance with section	219
1111.04 of the Revised Code or at least three individuals who have	220
been residents of the county in which the seller is located for at	221
least one year, each of whom shall be bonded by a corporate surety	222
in an amount that is at least equal to the amount deposited in the	223
fund of which those persons serve as trustee. Amounts in the fund	224
shall be held and invested in the manner in which trust funds are	225
permitted to be held and invested pursuant to sections 2109.37 and	226
2109.371 of the Revised Code.	227

(3) Every preneed cemetery and merchandise contract entered	228
into on or after the effective date of this amendment shall	229
include a provision in substantially the following form:	230

NOTICE: Under Ohio law, the person holding the right of	231
disposition of the remains of the beneficiary of this contract	232
pursuant to section 2108.70 or 2108.81 of the Revised Code will	233
have the right to purchase cemetery merchandise and services	234
inconsistent with the merchandise and services set forth in this	235
contract. However, the beneficiary is encouraged to state his or	236
her preferences as to the manner of final disposition in a	237
declaration of the right of disposition pursuant to section	238
2108.72 of the Revised Code, including that the arrangements set	239
forth in this contract shall be followed.	240

(D) Within thirty days after the last business day of the	241
month in which the seller of cemetery merchandise or services	242
receives final contractual payment under a preneed cemetery	243
merchandise and services contract, the seller shall deliver the	244
greater of one hundred ten per cent of the seller's actual cost or	245
thirty per cent of the seller's retail price of the merchandise	246
and seventy per cent of the seller's current retail price of the	247
services as of the date of the contract to a trustee or to	248
trustees as described in division (C)(2) of this section, and the	249
moneys and accruals or income on the moneys shall be held in a	250
fund and designated for the person for whose benefit the fund was	251
established as a preneed cemetery merchandise and services	252
contract fund.	253

(E) The moneys received from more than one preneed cemetery	254
merchandise and services contract may, at the option of the	255
persons for whose benefit the contracts are made, be placed in a	256
common or pooled trust fund in this state under a single trust	257
instrument. If three individuals are designated as the trustees as	258
provided in division (C)(2) of this section, they shall be bonded	259
by a corporate surety or fidelity bond in an aggregate amount of	260
not less than one hundred per cent of the funds held by them as	261
trustees. The trustees or their agent shall, on a continuous	262
basis, keep exact records as to the amount of funds under a single	263
trust instrument being held for the individual beneficiaries	264
showing the amount paid, the amount deposited and invested, and	265
accruals and income.	266

(F) The seller of merchandise or services under a preneed	267
cemetery merchandise and services contract shall annually submit	268
to the division of real estate of the department of commerce an	269
affidavit in a form prescribed by the division, sworn under oath,	270
specifying each of the following:	271

(1) That, within the time specified in division (D) of this	272
section, the amounts required by that division were deposited in	273
an appropriate fund;	274

(2) That the fund has not been used to collateralize or	275
guarantee loans and has not otherwise been subjected to any	276
consensual lien;	277

(3) That the fund is invested in compliance with the	278
investing standards set forth in sections 2109.37 and 2109.371 of	279
the Revised Code;	280

(4) That no moneys have been removed from the fund, except as	281
provided for in this section.	282

(G) This division is subject to division (I) of this section.

283

Any person upon initially entering into a preneed cemetery	284
merchandise and services contract may, within seven days, cancel	285
the contract and request and receive from the seller one hundred	286
per cent of all payments made under the contract. After the	287
expiration of the above period, any person who has entered into a	288
preneed cemetery merchandise and services contract may, on not	289
less than fifteen days' notice, cancel the contract and request	290
and receive from the seller sixty per cent of the payments made	291
under the contract which have been paid up to the time of	292
cancellation; except that, if a preneed cemetery merchandise and	293
services contract stipulates a firm or fixed or guaranteed price	294
for the merchandise or services for future use at a time	295
determined by the death of the person on behalf of whom payments	296
are made, the person who has entered into the contract may, if the	297
merchandise has not been delivered or the services have not been	298
performed as set forth in division (K) or (L) of this section, on	299
not less than fifteen days' notice, cancel the contract and	300
receive from the seller sixty per cent of the principal paid	301
pursuant to the contract and not less than eighty per cent of any	302
interest paid, up to the time of cancellation, and not less than	303
eighty per cent of any accrual or income earned while the moneys	304
have been held pursuant to divisions (C) and (D) of this section,	305
up to the time of cancellation. Upon cancellation, after the	306
moneys have been distributed to the beneficiary pursuant to this	307
division, all remaining moneys being held pursuant to divisions	308
(C) and (D) of this section shall be paid to the seller. If more	309
than one person enters into the contract, all of those persons	310
must request cancellation for it to be effective under this	311
division. In such a case, the seller shall refund to each person	312
only those moneys that each person has paid under the contract.	313

(H) Upon receipt of a certified copy of the certificate of	314
death or evidence of delivery of the merchandise or performance of	315
the services pursuant to division (K) or (L) of this section, the	316
trustee described in division (C)(2) of this section or its agent,	317
shall forthwith pay the fund and accumulated interest, if any, to	318
the person entitled to them under the preneed cemetery merchandise	319
and services contract. The payment of the fund and accumulated	320
interest pursuant to this section, either to a seller or person	321
making the payments, shall relieve the trustee of any further	322
liability on the fund or accumulated interest.	323

(I) Notwithstanding any other provision of this section, any	324
preneed cemetery merchandise and services contract may specify	325
that it is irrevocable. All irrevocable preneed cemetery	326
merchandise and services contracts shall include a clear and	327
conspicuous disclosure of irrevocability in the contract and any	328
person entering into an irrevocable preneed cemetery merchandise	329
and services contract shall sign a separate acknowledgment of the	330
person's waiver of the right to revoke. If a contract satisfies	331
the requirements of this division, division (G) of this section	332
does not apply to that contract.	333

(J) Any preneed cemetery merchandise and services contract	334
that involves the payment of money shall be in writing and in	335
compliance with the laws and rules of this state.	336

(K) For purposes of this section, the seller is considered to	337
have delivered merchandise pursuant to a preneed cemetery	338
merchandise and services contract when either of the following	339
occur:	340

(1) The seller makes actual delivery of the merchandise to	341
the beneficiary, or the seller pays for the merchandise and	342
identifies it as being stored for the benefit of the beneficiary	343
at a manufacturer's warehouse.	344

(2) The seller receives delivery of the merchandise on behalf	345
of the beneficiary, and all of the following occur:	346

(a) The merchandise is permanently affixed to or stored upon	347
the real property of a cemetery located in this state.	348

(b) The seller notifies the beneficiary of receipt of the	349
merchandise and identifies the specific location of the	350
merchandise.	351

(c) The seller at the time of the beneficiary's final payment	352
provides the beneficiary with evidence of ownership in the	353
beneficiary's name showing the merchandise to be free and clear of	354
any liens or other encumbrances.	355

(L) For purposes of this section, a seller is considered to	356
have performed services pursuant to a preneed cemetery merchandise	357
and services contract when the beneficiary's next of kin signs a	358
written statement that the services have been performed or, if no	359
next of kin of the beneficiary can be located through reasonable	360
diligence, when the owner or other person responsible for the	361
operation of the cemetery signs a statement of that nature.	362

(M) Notwithstanding any other provision of this chapter, any	363
trust may be charged a trustee's fee, which is to be deducted from	364
the earned income or accruals on that trust. The fee shall not	365
exceed the amount that is regularly or usually charged for similar	366
services rendered by the trustee described in division (C)(2) of	367
this section when serving as a trustee.	368

(N) The general assembly intends that this section be	369
construed as a limitation upon the manner in which a person is	370
permitted to accept moneys in prepayment for merchandise and	371
services to be delivered or provided in the future, or merchandise	372
and services to be used or provided in connection with the final	373
disposition of human remains, to the end that at all times members	374
of the public may have an opportunity to arrange and pay for	375
merchandise and services for themselves and their families in	376
advance of need while at the same time providing all possible	377
safeguards whereunder the prepaid moneys cannot be dissipated,	378
whether intentionally or not, so as to be available for the	379
payment for merchandise and services and the providing of	380
merchandise and services used or provided in connection with the	381
final disposition of dead human bodies.	382

(O) This section does not apply to the seller or provider of	383
merchandise or services under a preneed cemetery merchandise and	384
services contract if the contract pertains to a cemetery that is	385
owned and operated entirely and exclusively by an established and	386
legally cognizable church or denomination that is exempt from	387
federal income taxation under section 501(c)(3) of the "Internal	388
Revenue Code of 1954," 26 U.S.C.A. 501, an established fraternal	389
organization, or a municipal corporation or other political	390
subdivision of the state, to a cemetery that is a national	391
cemetery, or to a cemetery that is a family cemetery as defined in	392
section 4767.02 of the Revised Code; provided that, on a voluntary	393
basis, rules and other measures are adopted to safeguard and	394
secure all moneys received under a preneed cemetery merchandise	395
and services contract.	396

(P) This section does not prohibit persons other than	397
cemetery corporations or associations from selling outer burial	398
containers, monuments, markers, urns, or other types of	399
merchandise customarily sold by cemeteries pursuant to a preneed	400
cemetery merchandise and services contract; however all sellers of	401
merchandise pursuant to a preneed cemetery merchandise and	402
services contract shall comply with this section unless the seller	403
is specifically exempt from this section.	404

(Q) Any contract for preneed services or merchandise entered	405
into with a cemetery not registered under section 4767.03 of the	406
Revised Code is voidable.	407

Sec. 2101.24.  (A)(1) Except as otherwise provided by law,	408
the probate court has exclusive jurisdiction:	409

(a) To take the proof of wills and to admit to record	410
authenticated copies of wills executed, proved, and allowed in the	411
courts of any other state, territory, or country. If the probate	412
judge is unavoidably absent, any judge of the court of common	413
pleas may take proof of wills and approve bonds to be given, but	414
the record of these acts shall be preserved in the usual records	415
of the probate court.	416

(b) To grant and revoke letters testamentary and of	417
administration;	418

(c) To direct and control the conduct and settle the accounts	419
of executors and administrators and order the distribution of	420
estates;	421

(d) To appoint the attorney general to serve as the	422
administrator of an estate pursuant to section 2113.06 of the	423
Revised Code;	424

(e) To appoint and remove guardians, conservators, and	425
testamentary trustees, direct and control their conduct, and	426
settle their accounts;	427

(f) To grant marriage licenses;

428

(g) To make inquests respecting persons who are so mentally	429
impaired as a result of a mental or physical illness or	430
disability, or mental retardation, or as a result of chronic	431
substance abuse, that they are unable to manage their property and	432
affairs effectively, subject to guardianship;	433

(h) To qualify assignees, appoint and qualify trustees and	434
commissioners of insolvents, control their conduct, and settle	435
their accounts;	436

(i) To authorize the sale of lands, equitable estates, or	437
interests in lands or equitable estates, and the assignments of	438
inchoate dower in such cases of sale, on petition by executors,	439
administrators, and guardians;	440

(j) To authorize the completion of real estate contracts on	441
petition of executors and administrators;	442

(k) To construe wills;

443

(l) To render declaratory judgments, including, but not	444
limited to, those rendered pursuant to section 2107.084 of the	445
Revised Code;	446

(m) To direct and control the conduct of fiduciaries and	447
settle their accounts;	448

(n) To authorize the sale or lease of any estate created by	449
will if the estate is held in trust, on petition by the trustee;	450

(o) To terminate a testamentary trust in any case in which a	451
court of equity may do so;	452

(p) To hear and determine actions to contest the validity of	453
wills;	454

(q) To make a determination of the presumption of death of	455
missing persons and to adjudicate the property rights and	456
obligations of all parties affected by the presumption;	457

(r) To hear and determine an action commenced pursuant to	458
section 3107.41 of the Revised Code to obtain the release of	459
information pertaining to the birth name of the adopted person and	460
the identity of the adopted person's biological parents and	461
biological siblings;	462

(s) To act for and issue orders regarding wards pursuant to	463
section 2111.50 of the Revised Code;	464

(t) To hear and determine actions against sureties on the	465
bonds of fiduciaries appointed by the probate court;	466

(u) To hear and determine actions involving informed consent	467
for medication of persons hospitalized pursuant to section	468
5122.141 or 5122.15 of the Revised Code;	469

(v) To hear and determine actions relating to durable powers	470
of attorney for health care as described in division (D) of	471
section 1337.16 of the Revised Code;	472

(w) To hear and determine actions commenced by objecting	473
individuals, in accordance with section 2133.05 of the Revised	474
Code;	475

(x) To hear and determine complaints that pertain to the use	476
or continuation, or the withholding or withdrawal, of	477
life-sustaining treatment in connection with certain patients	478
allegedly in a terminal condition or in a permanently unconscious	479
state pursuant to division (E) of section 2133.08 of the Revised	480
Code, in accordance with that division;	481

(y) To hear and determine applications that pertain to the	482
withholding or withdrawal of nutrition and hydration from certain	483
patients allegedly in a permanently unconscious state pursuant to	484
section 2133.09 of the Revised Code, in accordance with that	485
section;	486

(z) To hear and determine applications of attending	487
physicians in accordance with division (B) of section 2133.15 of	488
the Revised Code;	489

(aa) To hear and determine actions relative to the use or	490
continuation of comfort care in connection with certain principals	491
under durable powers of attorney for health care, declarants under	492
declarations, or patients in accordance with division (E) of	493
either section 1337.16 or 2133.12 of the Revised Code;	494

(bb) To hear and determine applications for an order	495
relieving an estate from administration under section 2113.03 of	496
the Revised Code;	497

(cc) To hear and determine applications for an order granting	498
a summary release from administration under section 2113.031 of	499
the Revised Code.;	500

(dd) To hear and determine actions relating to the exercise	501
of the right of disposition, in accordance with section 2108.90 of	502
the Revised Code;	503

(ee) To hear and determine actions relating to the	504
disinterment and reinterment of human remains under section 517.23	505
of the Revised Code.	506

(2) In addition to the exclusive jurisdiction conferred upon	507
the probate court by division (A)(1) of this section, the probate	508
court shall have exclusive jurisdiction over a particular subject	509
matter if both of the following apply:	510

(a) Another section of the Revised Code expressly confers	511
jurisdiction over that subject matter upon the probate court.	512

(b) No section of the Revised Code expressly confers	513
jurisdiction over that subject matter upon any other court or	514
agency.	515

(B)(1) The probate court has concurrent jurisdiction with,	516
and the same powers at law and in equity as, the general division	517
of the court of common pleas to issue writs and orders, and to	518
hear and determine actions as follows:	519

(a) If jurisdiction relative to a particular subject matter	520
is stated to be concurrent in a section of the Revised Code or has	521
been construed by judicial decision to be concurrent, any action	522
that involves that subject matter;	523

(b) Any action that involves an inter vivos trust; a trust	524
created pursuant to section 1339.51 of the Revised Code; a	525
charitable trust or foundation; subject to divisions (A)(1)(u) and	526
(z) of this section, a power of attorney, including, but not	527
limited to, a durable power of attorney; the medical treatment of	528
a competent adult; or a writ of habeas corpus.	529

(2) Any action that involves a concurrent jurisdiction	530
subject matter and that is before the probate court may be	531
transferred by the probate court, on its order, to the general	532
division of the court of common pleas.	533

(C) The probate court has plenary power at law and in equity	534
to dispose fully of any matter that is properly before the court,	535
unless the power is expressly otherwise limited or denied by a	536
section of the Revised Code.	537

(D) The jurisdiction acquired by a probate court over a	538
matter or proceeding is exclusive of that of any other probate	539
court, except when otherwise provided by law.	540

Sec. 2106.20.  A surviving spouse or a person with the right	541
of disposition under section 2108.70 or 2108.81 of the Revised	542
Code is entitled to a reimbursement from the estate of the	543
deceased spousedecedent for funeral and burial expenses, if paid	544
by the surviving spouse or person with the right of disposition,	545
to the extent that the rights of other creditors of the estate	546
will not be prejudiced by the reimbursement.	547

Sec. 2108.50.  (A) Subject to section 2108.521 of the Revised	548
Code, an autopsy or post-mortem examination may be performed upon	549
the body of a deceased person by a licensed physician or surgeon	550
if consent has been given in the order named by one of the	551
following persons of sound mind and eighteen years of age or older	552
in a written instrument executed by the person or on the person's	553
behalf at the person's express direction:	554

(1) The deceased person during the deceased person's	555
lifetime;	556

(2) The decedent's spouse;

557

(3) If there is no surviving spouse, if the address of the	558
surviving spouse is unknown or outside the United States, if the	559
surviving spouse is physically or mentally unable or incapable of	560
giving consent, or if the deceased person was separated and living	561
apart from such surviving spouse, then a person having the first	562
named degree of relationship in the following list in which a	563
relative of the deceased person survives and is physically and	564
mentally able and capable of giving consent may execute consent:	565

(a) Children;

566

(b) Parents;

567

(c) Brothers or sisters.

568

(4) If there are no surviving persons of any degree of	569
relationship listed in division (A)(3) of this section, any other	570
relative or person who assumes custody of the body for burial;	571

(5) A person authorized by written instrument executed by the	572
deceased person to make arrangements for burial;	573

(6) A person who, at the time of death of the deceased	574
person, was serving as guardian of the person for the deceased	575
personby the person who has the right of disposition under	576
section 2108.70 or 2108.81 of the Revised Code.	577

(B) Consent to an autopsy or post-mortem examination given	578
under this section may be revoked only by the person executing the	579
consent and in the same manner as required for execution of	580
consent under this section.	581

(C) As used in this section, "written instrument" includes a	582
telegram or cablegram.	583

Sec. 2108.70.  (A) As used in this section and sections	584
2108.71 to 2108.90 of the Revised Code:	585

(1) "Adult" means an individual who is eighteen years of age	586
or older.	587

(2) "Declarant" means an adult who has executed a written	588
declaration described in division (B) of this section.	589

(3) "First successor representative" means an adult or group	590
of adults, collectively, to whom the right of disposition for a	591
declarant has been reassigned because the declarant's	592
representative is disqualified from exercising the right under	593
section 2108.75 of the Revised Code.	594

(4) "Representative" means an adult or a group of adults,	595
collectively, to whom a declarant has assigned the right of	596
disposition.	597

(5) "Right of disposition" means one or more of the rights	598
described in division (B) of this section that a declarant chooses	599
to assign to a representative in a written declaration executed	600
under that division or all of the rights described in division (B)	601
of this section that are assigned to a person pursuant to section	602
2108.81 of the Revised Code.	603

(6) "Second successor representative" means an adult or group	604
of adults, collectively, to whom the right of disposition for a	605
declarant has been reassigned because the declarant's	606
representative and first successor representative are disqualified	607
from exercising the right under section 2108.75 of the Revised	608
Code.	609

(B) An adult who is of sound mind may execute at any time a	610
written declaration assigning to a representative one or more of	611
the following rights:	612

(1) The right to direct the disposition, after death, of the	613
declarant's body or any part of the declarant's body that becomes	614
separated from the body before death. This right includes the	615
right to determine the location, manner, and conditions of the	616
disposition of the declarant's bodily remains.	617

(2) The right to make arrangements and purchase goods and	618
services for the declarant's funeral. This right includes the	619
right to determine the location, manner, and condition of the	620
declarant's funeral.	621

(3) The right to make arrangements and purchase goods and	622
services for the declarant's burial, cremation, or other manner of	623
final disposition. This right includes the right to determine the	624
location, manner, and condition of the declarant's burial,	625
cremation, or other manner of final disposition.	626

(C)(1) Subject to division (C)(2) of this section, a	627
declarant may designate a first successor representative.	628

(2) If a representative is a group of persons and not all of	629
the persons in the group meet at least one criterion to be	630
disqualified from serving as the representative, as described in	631
section 2108.75 of the Revised Code, the persons in the group who	632
are not disqualified shall remain the representative who has the	633
right of disposition.	634

(D)(1) Subject to division (D)(2) of this section, a	635
declarant may designate a second successor representative.	636

(2) If the first successor representative is a group of	637
persons and not all of the persons in the group meet at least one	638
criterion to be disqualified from serving as the first successor	639
representative, as described in section 2108.75 of the Revised	640
Code, the persons in the group who are not disqualified shall	641
remain the first successor representative to whom the right of	642
disposition is reassigned.	643

(E) The assignment or reassignment of a right of disposition	644
to a representative, first successor representative, and second	645
successor representative supercedes an assignment of a right of	646
disposition under section 2108.81 of the Revised Code.	647

Sec. 2108.71.  The assignment or reassignment of a right of	648
disposition by a declarant under section 2108.70 of the Revised	649
Code vests in a representative, first successor representative, or	650
second successor representative at the time of the declarant's	651
death.	652

Sec. 2108.72.  (A) The written declaration described in	653
section 2108.70 of the Revised Code shall include all of the	654
following:	655

(1) The declarant's legal name and present address;

656

(2) A statement that the declarant, an adult being of sound	657
mind, willfully and voluntarily appoints a representative to have	658
the declarant's right of disposition for the declarant's body upon	659
the declarant's death;	660

(3) A statement that all decisions made by the declarant's	661
representative with respect to the right of disposition are	662
binding;	663

(4) The name, last known address, and last known telephone	664
number of the representative or, if the representative is a group	665
of persons, the name, last known address, and last known telephone	666
number of each person in the group;	667

(5) If the declarant chooses to have a first successor	668
representative, a statement that if any person or group of persons	669
named as the declarant's representative is disqualified from	670
serving in such position as described in section 2108.75 of the	671
Revised Code, the declarant appoints a first successor	672
representative;	673

(6) If the declarant chooses to have a second successor	674
representative, a statement that if a person or group of persons	675
named as the declarant's representative or first successor	676
representative are both disqualified from serving in such	677
positions as described in section 2108.75 of the Revised Code,	678
that the declarant appoints a second successor representative;	679

(7) If applicable, the name, last known address, and last	680
known telephone number of the first and second successor	681
representative or, if the first or second successor representative	682
is a group of persons, the name, last known address, and last	683
known telephone number of each person in the group;	684

(8) A space where the declarant may indicate the declarant's	685
preferences regarding how the right of disposition should be	686
exercised, including any religious observances the declarant	687
wishes the person with the right of disposition to consider;	688

(9) A space where the declarant may indicate one or more	689
sources of funds that may be used to pay for goods and services	690
associated with the exercise of the right of disposition;	691

(10) A statement that the declarant's written declaration	692
becomes effective on the declarant's death;	693

(11) A statement that the declarant revokes any written	694
declaration that the declarant executed, in accordance with	695
section 2108.70 of the Revised Code, prior to the execution of the	696
present written declaration.	697

(12) A space where the declarant can sign and date the	698
written declaration;	699

(13) A space where a notary public or two witnesses can sign	700
and date the written declaration as described in section 2108.73	701
of the Revised Code.	702

(B) A written declaration may take the following form:

703

APPOINTMENT OF REPRESENTATIVE FOR DISPOSITION OF BODILY	704
REMAINS, FUNERAL ARRANGEMENTS, AND BURIAL OR CREMATION GOODS AND	705
SERVICES:	706

I, ................. (legal name and present address of	707
declarant), an adult being of sound mind, willfully and	708
voluntarily appoint my representative, named below, to have the	709
right of disposition, as defined in section 2108.70 of the Revised	710
Code, for my body upon my death. All decisions made by my	711
representative with respect to the right of disposition shall be	712
binding.	713

REPRESENTATIVE:

714

(If the representative is a group of persons, indicate the	715
name, last known address, and telephone number of each person in	716
the group.)	717

Name(s): ..................................................

718

Address(es): ..............................................

719

Telephone Number(s): ......................................

720

FIRST SUCCESSOR REPRESENTATIVE:

721

If my representative is disqualified from serving as my	722
representative as described in section 2108.75 of the Revised	723
Code, then I hereby appoint the following person or group of	724
persons to serve as my first successor representative.	725

(If the first successor representative is a group of persons,	726
indicate the name, last known address, and telephone number of	727
each person in the group.)	728

Name(s): ..................................................

729

Address(es): ..............................................

730

Telephone Number(s): ......................................

731

SECOND SUCCESSOR REPRESENTATIVE:

732

If my representative and first successor representative are	733
disqualified from serving in such positions as described in	734
section 2108.75 of the Revised Code, then I hereby appoint the	735
following person or group of persons to serve as my second	736
successor representative.	737

(If the second successor representative is a group of	738
persons, indicate the name, last known address, and telephone	739
number of each person in the group.)	740

Name(s): ..................................................

741

Address(es): ..............................................

742

Telephone Number(s): ......................................

743

PREFERENCES REGARDING HOW THE RIGHT OF DISPOSITION SHOULD BE	744
EXERCISED, INCLUDING ANY RELIGIOUS OBSERVANCES THE DECLARANT	745
WISHES A REPRESENTATIVE, FIRST SUCCESSOR REPRESENTATIVE, OR SECOND	746
SUCCESSOR REPRESENTATIVE TO CONSIDER:	747

			748
	749
	750
	751

ONE OR MORE SOURCES OF FUNDS THAT COULD BE USED TO PAY FOR	752
GOODS AND SERVICES ASSOCIATED WITH AN EXERCISE OF THE RIGHT OF	753
DISPOSITION:	754

			755
	756
	757
	758

DURATION:

759

The appointment of my representative and, if applicable,	760
first successor representative and second successor	761
representatives, becomes effective upon my death.	762

PRIOR APPOINTMENTS REVOKED:

763

I hereby revoke any written declaration that I executed in	764
accordance with section 2108.70 of the Ohio Revised Code prior to	765
the date of execution of this written declaration indicated below.	766

AUTHORIZATION TO ACT:

767

I hereby agree that any of the following that receives a copy	768
of this written declaration may act under it:	769

- Cemetery organization;

770

- Business operating a crematory;

771

- Business operating a columbarium;

772

- Funeral director;

773

- Embalmer;

774

- Funeral home;

775

- Any other person asked to assist with my funeral, burial,	776
cremation, or other manner of final disposition.	777

MODIFICATION AND REVOCATION - WHEN EFFECTIVE:

778

Any modification or revocation of this written declaration is	779
not effective as to any party until that party receives actual	780
notice of the modification or revocation.	781

LIABILITY:

782

No person who acts in accordance with a properly executed	783
copy of this written declaration shall be liable for damages of	784
any kind associated with the person's reliance on this	785
declaration.	786

Signed this ...... day of .......

787

.................................

(Signature of declarant)

ACKNOWLEDGMENT OF ASSUMPTION OF OBLIGATIONS AND COSTS:

788

By signing below, the representative, or first or second	789
successor representative, if applicable, acknowledges that he or	790
she, as representative or first or second successor	791
representative, assumes the right of disposition as defined in	792
section 2108.70 of the Revised Code, and understands that he or	793
she is liable for the reasonable costs of exercising the right,	794
including any goods and services that are purchased.	795

ACCEPTANCE (OPTIONAL):

796

The undersigned hereby accepts this appointment as	797
representative, first successor representative, or second	798
successor representative, as applicable, for the right of	799
disposition as defined in section 2108.70 of the Revised Code.	800

Signed this ...... day of .......

802

.................................

Signature of representative (if representative is a group of persons, each person in the group shall sign)

803

Signed this ...... day of .......

805

.................................

Signature of first successor representative (if first successor representative is a group of persons, each person in the group shall sign)

806

Signed this ...... day of .......

808

.................................

Signature of second successor representative (if second successor representative is a group of persons, each person in the group shall sign)

809

WITNESSES:

810

I attest that the declarant signed or acknowledged this	811
assignment of the right of disposition under section 2108.70 of	812
the Revised Code in my presence and that the declarant is at least	813
eighteen years of age and appears to be of sound mind and not	814
under or subject to duress, fraud, or undue influence. I further	815
attest that I am not the declarant's representative, first	816
successor representative, or second successor representative, I am	817
at least eighteen years of age, and I am not related to the	818
declarant by blood, marriage, or adoption.	819

First witness:				821
Name (printed):				822
........................	Residing at:	..............		823
Signature:		..............		824
........................		..............		825
Date:				826
........................				827

Second witness:				829
Name (printed):				830
........................	Residing at:	..............		831
Signature:		..............		832
........................		..............		833
Date:				834
........................				835

OR

836

NOTARY ACKNOWLEDGMENT:

837

State of Ohio

838

County of ............. SS.

839

On ..............., before me, the undersigned notary public,	840
personally appeared ................., known to me or	841
satisfactorily proven to be the person whose name is subscribed as	842
the declarant, and who has acknowledged that he or she executed	843
this written declaration under section 2108.70 of the Revised Code	844
for the purposes expressed in that section. I attest that the	845
declarant is at least eighteen years of age and appears to be of	846
sound mind and not under or subject to duress, fraud, or undue	847
influence.	848

Signature of notary public

..............................

My	849
commission expires on: ....

850

Sec. 2108.73.  A written declaration executed by a declarant	851
under section 2108.70 of the Revised Code shall be signed and	852
dated by the declarant in the presence of either of the following:	853

(A) A notary public who shall make the certification	854
described in section 147.53 of the Revised Code.	855

(B) Two witnesses who are adults and who are not related by	856
blood, marriage, or adoption to the declarant.	857

Sec. 2108.74. A declarant who executes a written declaration	858
in accordance with section 2108.73 of the Revised Code warrants	859
the truthfulness of the entire content of the declaration.	860

Sec. 2108.75.  (A) A person shall be disqualified from	861
serving as a representative, first successor representative, or	862
second successor representative, or from having the right of	863
disposition for a deceased adult pursuant to section 2108.81 of	864
the Revised Code, if any of the following occurs:	865

(1) The person dies.

866

(2) A probate court declares or determines that the person is	867
incompetent.	868

(3) The person resigns or declines to exercise the right as	869
described in section 2108.88 of the Revised Code.	870

(4) The person refuses to exercise the right within two days	871
after notification of the declarant's death.	872

(5) The person cannot be located with reasonable effort.

873

(6) The person meets the criteria described in section	874
2108.76 or 2108.77 of the Revised Code.	875

(B) Subject to divisions (C)(2) and (D)(2) of section 2108.70	876
of the Revised Code, if a person is disqualified from serving as	877
the declarant's representative, first successor representative, or	878
second successor representative, or from having the right of	879
disposition for a deceased adult pursuant to section 2108.81 of	880
the Revised Code, as described in division (A) of this section,	881
the right is automatically reassigned to, and vests in, the next	882
person who has the right pursuant to the declarant's written	883
declaration or pursuant to the order of priority in section	884
2108.81 of the Revised Code.	885

Sec. 2108.76.  (A) Except as provided in division (B) of this	886
section, if the person named as the declarant's representative,	887
first successor representative, or second successor representative	888
in a written declaration was the declarant's spouse at the time	889
the declaration was executed, but is not the declarant's spouse at	890
the time of the declarant's death, the former spouse shall no	891
longer be qualified to serve as the declarant's representative,	892
first successor representative, or second successor	893
representative.	894

(B) Division (A) of this section shall not apply and a former	895
spouse is qualified to serve as a declarant's representative,	896
first successor representative, or second successor representative	897
if the declarant signs and dates, after the termination of the	898
marriage, a document stating the declarant's intent that the	899
former spouse be the declarant's representative, first successor	900
representative, or second successor representative. The document	901
must be notarized or witnessed in accordance with the procedures	902
described in section 2108.73 of the Revised Code.	903

Sec. 2108.77.  If the person named as the declarant's	904
representative, first successor representative, or second	905
successor representative in a written declaration, or the person	906
who has a deceased adult's right of disposition pursuant to	907
section 2108.81 of the Revised Code, meets any of the following	908
criteria, the person shall be disqualified from serving as the	909
representative, first successor representative, or second	910
successor representative, or from having the right:	911

(A)(1) Subject to division (A)(2) of this section, the person	912
has been charged with murder, aggravated murder, or voluntary	913
manslaughter.	914

(2) If the charges against the person described in division	915
(A)(1) of this section are dismissed or if the person is acquitted	916
of such charges, the right is restored to the person.	917

(B)(1) Subject to division (B)(2) of this section, the person	918
has been charged with an act of domestic violence under section	919
2919.25 of the Revised Code and it has been alleged in the	920
charging instrument or accompanying papers that the act resulted	921
in or contributed to the declarant's death.	922

(2) If the charges against the person described in division	923
(B)(1) of this section are dismissed or if the person is acquitted	924
of such charges, the right is restored to the person.	925

(C) The person and the declarant or deceased adult are	926
spouses and an action to terminate the marriage pursuant to	927
Chapter 3105. of the Revised Code was pending at the time of the	928
declarant's or deceased adult's death.	929

(D) The person and the declarant or deceased adult are	930
spouses and a probate court, on the motion of any other person or	931
its own motion, determines that the declarant's or deceased	932
adult's spouse and the declarant were estranged at the time of the	933
declarant's or deceased adult's death. As used in this division,	934
"estranged" means that a declarant's or a deceased adult's spouse	935
and the declarant or deceased adult were physically and	936
emotionally separated from each other, at the time of the	937
declarant's or deceased adult's death, and had been separated for	938
a period of time that clearly demonstrates an absence of due	939
affection, trust, and regard between spouse and the declarant of	940
deceased adult.	941

Sec. 2108.78.  If a declarant or deceased adult has made a	942
valid declaration of an anatomical gift by will or any other	943
document or means described in section 2108.04 of the Revised	944
Code, any person to whom the declarant has assigned the right of	945
disposition under section 2108.70 of the Revised Code, or who has	946
the right as described in section 2108.81 of the Revised Code, is	947
bound by the declaration of the anatomical gift and must follow	948
the instructions associated with the gift before making any	949
decisions or taking any other actions associated with the right.	950

Sec. 2108.79.  (A) Subject to divisions (B) and (C) of this	951
section, if a declarant's representative, first successor	952
representative, or second successor representative is a group of	953
people in whom the right of disposition has vested as described in	954
section 2108.71 of the Revised Code, or if a class of persons has	955
the right as described in section 2108.81 of the Revised Code, and	956
the persons in the group or class disagree regarding how the right	957
is to be exercised, the decisions of the majority of the persons	958
in the group or class shall prevail.	959

(B) If, after reasonable efforts, less than all of the	960
persons in a group or class described in division (A) of this	961
section have been located, the decisions of the majority of the	962
persons in the group or class who have been located prevail.	963

(C) If a majority of persons cannot reach a decision under	964
division (A) or (B) of this section, the probate court of the	965
county in which the declarant or deceased person resided at the	966
time of death shall make the decision in accordance with the	967
criteria set forth in division (B) of section 2108.82 of the	968
Revised Code.	969

Sec. 2108.80.  A declarant may revoke a written declaration	970
executed under section 2108.70 of the Revised Code by indicating	971
the declarant's desire to revoke the declaration in a document	972
signed and dated by the declarant in the presence of either of the	973
following:	974

(A) A notary public who shall make the certification	975
described in section 147.53 of the Revised Code.	976

(B) Two witnesses who are adults and are not related by	977
blood, marriage, or adoption to the declarant.	978

Sec. 2108.81.  (A) If either of the following is true,	979
division (B) of this section shall apply:	980

(1) An adult has not executed a written declaration pursuant	981
to sections 2108.70 to 2108.73 of the Revised Code that remains in	982
force at the time of the adult's death.	983

(2) Each person to whom the right of disposition has been	984
assigned or reassigned pursuant to a written declaration is	985
disqualified from exercising the right as described in section	986
2108.75 of the Revised Code.	987

(B) Subject to division (A) of this section and sections	988
2108.75 and 2108.79 of the Revised Code, the right of disposition	989
is assigned to the following persons, if mentally competent adults	990
who can be located with reasonable effort, in the order of	991
priority stated:	992

(1) The deceased person's surviving spouse;

993

(2) The sole surviving child of the deceased person or, if	994
there is more than one surviving child, all of the surviving	995
children, collectively.	996

(3) The deceased person's surviving parent or parents;

997

(4) The deceased person's surviving sibling, whether of the	998
whole or of the half blood or, if there is more than one sibling	999
of the whole or of the half blood, all of the surviving siblings,	1000
collectively;	1001

(5) The deceased person's surviving grandparent or	1002
grandparents;	1003

(6) The lineal descendants of the deceased person's	1004
grandparents, as described in division (I) of section 2105.06 of	1005
the Revised Code;	1006

(7) The person who was the deceased person's guardian at the	1007
time of the deceased person's death, if a guardian had been	1008
appointed;	1009

(8) Any other person willing to assume the right of	1010
disposition, including the personal representative of the deceased	1011
person's estate or the licensed funeral director with custody of	1012
the deceased person's body, after attesting in writing that a good	1013
faith effort has been made to locate the persons in divisions	1014
(B)(1) to (7) of this section.	1015

Sec. 2108.82.  (A) Notwithstanding section 2108.81 of the	1016
Revised Code and in accordance with division (B) of this section,	1017
the probate court for the county in which the declarant or	1018
deceased person resided at the time of death may, on its own	1019
motion or the motion of another person, assign to any person the	1020
right of disposition for a declarant or deceased person.	1021

(B) In making a determination for purposes of division (A) of	1022
this section and division (C) of section 2108.79 of the Revised	1023
Code, the court shall consider the following:	1024

(1) Whether evidence presented to, or in the possession of	1025
the court, demonstrates that the person who is the subject of the	1026
motion and the declarant or deceased person had a close personal	1027
relationship;	1028

(2) The reasonableness and practicality of any plans that the	1029
person who is the subject of the motion may have for the	1030
declarant's or deceased person's funeral, burial, cremation, or	1031
final disposition, including the degree to which such plans allow	1032
maximum participation by all persons who wish to pay their final	1033
respects to the deceased person;	1034

(3) The willingness of the person who is the subject of the	1035
motion to assume the responsibility to pay for the declarant's or	1036
deceased person's funeral, burial, cremation, or final disposition	1037
and the desires of that person;	1038

(4) The convenience and needs of other families and friends	1039
wishing to pay their final respects to the declarant or deceased	1040
person;	1041

(5) The express written desires of the declarant or deceased	1042
person.	1043

(C) Except to the extent considered under division (B)(3) of	1044
this section, the following persons do not have a greater claim to	1045
the right of disposition than such persons otherwise have pursuant	1046
to law:	1047

(1) A person who is willing to assume the responsibility to	1048
pay for the declarant's or deceased person's funeral, burial,	1049
cremation, or final disposition;	1050

(2) The personal representative of the declarant or deceased	1051
person.	1052

Sec. 2108.83.  In the event of a dispute regarding the right	1053
of disposition, a funeral home, funeral director, crematory	1054
operator, cemetery operator, cemetery organization, or other	1055
person asked to assist with a declarant's or deceased person's	1056
funeral, burial, cremation, or other manner of final disposition	1057
shall not be liable for damages of any kind for refusing to accept	1058
the remains, refusing to inter, cremate, or otherwise dispose of	1059
the remains, or refusing to complete funeral or other arrangements	1060
pertaining to final disposition until such funeral home, funeral	1061
director, crematory operator, cemetery operator, cemetery	1062
organization, or other person receives a court order or a written	1063
document that is executed by a person that the funeral home,	1064
funeral director, crematory operator, cemetery operator, cemetery	1065
organization, or other person reasonably believes has the right of	1066
disposition and that clearly expresses how the right of	1067
disposition is to be exercised.	1068

Sec. 2108.84.  If a funeral home, funeral director, crematory	1069
operator, or other person asked to assist with a declarant's or	1070
deceased person's funeral, burial, cremation, or other manner of	1071
final disposition is in possession of a declarant's or deceased	1072
person's remains while a dispute described in section 2108.83 of	1073
the Revised Code is pending, the funeral home, funeral director,	1074
crematory operator, or other person may embalm or refrigerate and	1075
shelter the remains to preserve them and may add the cost of	1076
embalming, refrigeration, and sheltering to the final disposition	1077
costs to be charged.	1078

Sec. 2108.85.  (A) If a funeral home, funeral director,	1079
crematory operator, cemetery operator, cemetery organization, or	1080
other person asked to assist with a declarant's or deceased	1081
person's funeral, burial, cremation, or other manner of final	1082
disposition brings a legal action for purposes of section 2108.83	1083
or 2108.84 of the Revised Code, the funeral home, funeral	1084
director, crematory operator, cemetery operator, cemetery	1085
organization, or other person may add to the costs the person	1086
charges for the goods and services the person provided the legal	1087
fees, if reasonable, and the court costs that the person incurred.	1088

(B) The right created by division (A) of this section shall	1089
neither be construed to require, nor impose a duty on, a funeral	1090
home, funeral director, crematory operator, cemetery operator,	1091
cemetery organization, or other person asked to assist with a	1092
declarant's or deceased person's funeral, burial, cremation, or	1093
other manner of final disposition, to bring a legal action and	1094
such person shall not be held criminally or civilly liable for not	1095
bringing an action.	1096

Sec. 2108.86.  (A) A funeral home, funeral director,	1097
crematory operator, cemetery operator, cemetery organization, or	1098
other person asked to assist with a declarant's funeral, burial,	1099
cremation, or other manner of final disposition has the right to	1100
rely on the content of a written declaration and the instructions	1101
of the person or group of persons whom the funeral home, funeral	1102
director, crematory operator, cemetery operator, cemetery	1103
organization, or other person reasonably believes has the right of	1104
disposition.	1105

(B) If the circumstances described in division (A) of section	1106
2108.81 of the Revised Code apply, a funeral home, funeral	1107
director, crematory operator, cemetery operator, cemetery	1108
organization, or other person asked to assist with a deceased	1109
person's funeral, burial, cremation, or other manner of final	1110
disposition has the right to rely on the instructions of the	1111
person or group of persons the funeral home, funeral director,	1112
crematory operator, cemetery operator, cemetery organization, or	1113
other person reasonably believes has the right of disposition	1114
pursuant to section 2108.81 of the Revised Code.	1115

(C) No funeral home, funeral director, crematory operator,	1116
cemetery operator, cemetery organization, or other person asked to	1117
assist with a deceased person's funeral, burial, cremation, or	1118
other manner of final disposition, who relies, pursuant to	1119
divisions (A) and (B) of this section, in good faith on the	1120
contents of a written declaration or the instructions of the	1121
person or group of persons the funeral home, funeral director,	1122
crematory operator, cemetery operator, cemetery organization, or	1123
other person reasonably believes has the right of disposition,	1124
shall be subject to criminal or civil liability or subject to	1125
disciplinary action for taking an action or not taking an action	1126
in reliance on such contents or instructions and for otherwise	1127
complying with sections 2108.70 to 2108.90 of the Revised Code.	1128

Sec. 2108.87.  (A) A funeral home, funeral director,	1129
crematory operator, cemetery operator, cemetery organization, or	1130
other person asked to assist with a deceased person's funeral,	1131
burial, cremation, or other manner of final disposition may	1132
independently investigate the existence of, or locate or contact,	1133
the following persons:	1134

(1) A representative, first successor representative, or	1135
second successor representative named in a written declaration;	1136

(2) A person listed in section 2108.81 of the Revised Code.

1137

(B) In no circumstances shall a funeral home, funeral	1138
director, crematory operator, cemetery operator, cemetery	1139
organization, or other person asked to assist with a deceased	1140
person's funeral, burial, cremation, or other manner of final	1141
disposition have a duty to independently investigate the existence	1142
of, or locate or contact, the persons described in division (A) of	1143
this section.	1144

Sec. 2108.88.  (A) A person to whom a declarant's or deceased	1145
person's right of disposition has been assigned or reassigned	1146
pursuant to section 2108.70 or 2108.81 of the Revised Code may	1147
decline to exercise the right or resign after beginning to	1148
exercise the right.	1149

(B) A person described in division (A) of this section who	1150
resigns after beginning to exercise the right shall be subject to	1151
section 2108.89 of the Revised Code.	1152

Sec. 2108.89.  The following persons shall be liable for the	1153
reasonable costs of any goods or services purchased in connection	1154
with the exercise of the right of disposition for a declarant or	1155
deceased person:	1156

(A) A representative, first successor representative, or	1157
second successor who assumes liability for the cost of such goods	1158
and services by signing a written declaration that states that	1159
such an assumption is made;	1160

(B) A person to whom the right of disposition is assigned	1161
pursuant to section 2108.81 of the Revised Code and who has	1162
purchased goods or services associated with an exercise of the	1163
right.	1164

Sec. 2108.90.  Pursuant to division (A) of section 2101.24 of	1165
the Revised Code, the probate court for the county in which the	1166
declarant or deceased person resided at the time of death or the	1167
county in which a living person whose post-death arrangements are	1168
the subject of dispute resides shall have exclusive jurisdiction	1169
over any action that results from sections 2108.70 to 2108.89 of	1170
the Revised Code.	1171

Sec. 2109.02.  Every fiduciary, before entering upon the	1172
execution of a trust, shall receive letters of appointment from a	1173
probate court having jurisdiction of the subject matter of the	1174
trust.	1175

The duties of a fiduciary shall be those required by law, and	1176
such additional duties as the court orders. Letters of appointment	1177
shall not issue until a fiduciary has executed a written	1178
acceptance of histhe fiduciary's duties, acknowledging that he	1179
the fiduciary is subject to removal for failure to perform histhe	1180
fiduciary's duties, and that hethe fiduciary is subject to	1181
possible penalties for conversion of property hethe fiduciary	1182
holds as a fiduciary. The written acceptance may be filed with the	1183
application for appointment.	1184

No act or transaction by a fiduciary is valid prior to the	1185
issuance of letters of appointment to himthe fiduciary. This	1186
section does not prevent an executor named in a will, or an	1187
executor nominated pursuant to a power as described in section	1188
2107.65 of the Revised Code, or a person with the right of	1189
disposition under section 2108.70 or 2108.81 of the Revised Code	1190
from paying funeral expenses, or prevent necessary acts for the	1191
preservation of the trust estate prior to the issuance of such	1192
letters.	1193

Sec. 2111.13.  (A) When a guardian is appointed to have the	1194
custody and maintenance of a ward, and to have charge of the	1195
education of the ward if the ward is a minor, the guardian's	1196
duties are as follows:	1197

(1) To protect and control the person of the ward;

1198

(2) To provide suitable maintenance for the ward when	1199
necessary, which shall be paid out of the estate of such ward upon	1200
the order of the guardian of the person;	1201

(3) To provide such maintenance and education for such ward	1202
as the amount of the ward's estate justifies when the ward is a	1203
minor and has no father or mother, or has a father or mother who	1204
fails to maintain or educate the ward, which shall be paid out of	1205
such ward's estate upon the order of the guardian of the person;	1206

(4) To obey all the orders and judgments of the probate court	1207
touching the guardianship.	1208

(B) Except as provided in section 2111.131 of the Revised	1209
Code, no part of the ward's estate shall be used for the support,	1210
maintenance, or education of such ward unless ordered and approved	1211
by the court.	1212

(C) A guardian of the person may authorize or approve the	1213
provision to the ward of medical, health, or other professional	1214
care, counsel, treatment, or services unless the ward or an	1215
interested party files objections with the probate court, or the	1216
court, by rule or order, provides otherwise.	1217

(D) AUnless a person with the right of disposition for a	1218
ward under section 2108.70 or 2108.81 of the Revised Code has made	1219
a decision regarding whether or not consent to an autopsy or	1220
post-mortem examination on the body of the deceased ward under	1221
section 2108.50 of the Revised Code shall be given, a guardian of	1222
the person of a ward who has died may consent to anthe autopsy or	1223
post-mortem examination upon the body of the deceased ward under	1224
section 2108.50 of the Revised Code and, if the.	1225

(E) If a deceased ward did not have a guardian of the estate	1226
and, the estate is not required to be administered by a probate	1227
court, and a person with the right of disposition for a ward, as	1228
described in section 2108.70 or 2108.81 of the Revised Code, has	1229
not made a decision regarding the disposition of the ward's body	1230
or remains, the guardian of the person of the ward may authorize	1231
the burial or cremation of the deceased ward. A	1232

(F) A guardian who gives consent or authorization as	1233
described in this divisiondivisions (D) and (E) of this section	1234
shall notify the probate court as soon as possible after giving	1235
the consent or authorization.	1236

Sec. 2113.031.  (A) As used in this section:

1237

(1) "Financial institution" has the same meaning as in	1238
section 5725.01 of the Revised Code. "Financial institution" also	1239
includes a credit union and a fiduciary that is not a trust	1240
company but that does trust business.	1241

(2) "Funeral and burial expenses" means whichever of the	1242
following applies:	1243

(a) The funeral and burial expenses of the decedent that are	1244
included in the bill of a funeral director;	1245

(b) The funeral expenses of the decedent that are not	1246
included in the bill of a funeral director and that have been	1247
approved by the probate court;	1248

(c) The funeral and burial expenses of the decedent that are	1249
described in divisions (A)(2)(a) and (b) of this section.	1250

(3) "Surviving spouse" means either of the following:

1251

(a) The surviving spouse of a decedent who died leaving the	1252
surviving spouse and no minor children;	1253

(b) The surviving spouse of a decedent who died leaving the	1254
surviving spouse and minor children, all of whom are children of	1255
the decedent and the surviving spouse.	1256

(B)(1) If the value of the assets of the decedent's estate	1257
does not exceed the lesser of twofive thousand dollars or the	1258
amount of the decedent's funeral and burial expenses, any person	1259
who is not a surviving spouse and who has paid or is obligated in	1260
writing to pay the decedent's funeral and burial expenses,	1261
including a person described in section 2108.89 of the Revised	1262
Code, may apply to the probate court for an order granting a	1263
summary release from administration in accordance with this	1264
section.	1265

(2) If either of the following applies, the decedent's	1266
surviving spouse may apply to the probate court for an order	1267
granting a summary release from administration in accordance with	1268
this section:	1269

(a) The decedent's funeral and burial expenses have been	1270
prepaid, and the value of the assets of the decedent's estate does	1271
not exceed the total of the following items:	1272

(i) The allowance for support that is made under division (A)	1273
of section 2106.13 of the Revised Code to the surviving spouse	1274
and, if applicable, to the decedent's minor children and that is	1275
distributable in accordance with division (B)(1) or (2) of that	1276
section;	1277

(ii) An amount, not exceeding twofive thousand dollars, for	1278
the decedent's funeral and burial expenses referred to in division	1279
(A)(2)(c) of this section.	1280

(b) The decedent's funeral and burial expenses have not been	1281
prepaid, the decedent's surviving spouse has paid or is obligated	1282
in writing to pay the decedent's funeral and burial expenses, and	1283
the value of the assets of the decedent's estate does not exceed	1284
the total of the items referred to in divisions (B)(2)(a)(i) and	1285
(ii) of this section.	1286

(C) A probate court shall order a summary release from	1287
administration in connection with a decedent's estate only if the	1288
court finds that all of the following are satisfied:	1289

(1) A person described in division (B)(1) of this section is	1290
the applicant for a summary release from administration, and the	1291
value of the assets of the decedent's estate does not exceed the	1292
lesser of twofive thousand dollars or the amount of the	1293
decedent's funeral and burial expenses, or the applicant for a	1294
summary release from administration is the decedent's surviving	1295
spouse, and the circumstances described in division (B)(2)(a) or	1296
(b) of this section apply.	1297

(2) The application for a summary release from administration	1298
does all of the following:	1299

(a) Describes all assets of the decedent's estate that are	1300
known to the applicant;	1301

(b) Is in the form that the supreme court prescribes pursuant	1302
to its powers of superintendence under Section 5 of Article IV,	1303
Ohio Constitution, and is consistent with the requirements of this	1304
division;	1305

(c) Has been signed and acknowledged by the applicant in the	1306
presence of a notary public or a deputy clerk of the probate	1307
court;	1308

(d) Sets forth the following information if the decedent's	1309
estate includes a described type of asset:	1310

(i) If the decedent's estate includes a motor vehicle, the	1311
motor vehicle's year, make, model, body type, manufacturer's	1312
vehicle identification number, certificate of title number, and	1313
date of death value;	1314

(ii) If the decedent's estate includes an account maintained	1315
by a financial institution, that institution's name and the	1316
account's complete identifying number and date of death balance;	1317

(iii) If the decedent's estate includes one or more shares of	1318
stock or bonds, the total number of the shares and bonds and their	1319
total date of death value and, for each share or bond, its serial	1320
number, the name of its issuer, its date of death value, and, if	1321
any, the name and address of its transfer agent.	1322

(3) The application for a summary release from administration	1323
is accompanied by all of the following that apply:	1324

(a) A receipt, contract, written declaration as defined in	1325
section 2108.70 of the Revised Code, or other document that	1326
confirms the applicant's payment or obligation to pay the	1327
decedent's funeral and burial expenses or, if applicable in the	1328
case of the decedent's surviving spouse, the prepayment of the	1329
decedent's funeral and burial expenses;	1330

(b) An application for a certificate of transfer as described	1331
in section 2113.61 of the Revised Code, if an interest in real	1332
property is included in the assets of the decedent's estate;	1333

(c) The fee required by division (A)(59) of section 2101.16	1334
of the Revised Code.	1335

(4) At the time of its determination on the application,	1336
there are no pending proceedings for the administration of the	1337
decedent's estate and no pending proceedings for relief of the	1338
decedent's estate from administration under section 2113.03 of the	1339
Revised Code.	1340

(5) At the time of its determination on the application,	1341
there are no known assets of the decedent's estate other than the	1342
assets described in the application.	1343

(D) If the probate court determines that the requirements of	1344
division (C) of this section are satisfied, the probate court	1345
shall issue an order that grants a summary release from	1346
administration in connection with the decedent's estate. The order	1347
has, and shall specify that it has, all of the following effects:	1348

(1) It relieves the decedent's estate from administration.

1349

(2) It directs the delivery to the applicant of the	1350
decedent's personal property together with the title to that	1351
property.	1352

(3) It directs the transfer to the applicant of the title to	1353
any interests in real property included in the decedent's estate.	1354

(4) It eliminates the need for a financial institution,	1355
corporation, or other entity or person referred to in any	1356
provision of divisions (A) to (F) of section 5731.39 of the	1357
Revised Code to obtain, as otherwise would be required by any of	1358
those divisions, the written consent of the tax commissioner prior	1359
to the delivery, transfer, or payment to the applicant of an asset	1360
of the decedent's estate.	1361

(E) A certified copy of an order that grants a summary	1362
release from administration together with a certified copy of the	1363
application for that order constitutes sufficient authority for a	1364
financial institution, corporation, or other entity or person	1365
referred to in divisions (A) to (F) of section 5731.39 of the	1366
Revised Code or for a clerk of a court of common pleas to transfer	1367
title to an asset of the decedent's estate to the applicant for	1368
the summary release from administration.	1369

(F) This section does not affect the ability of qualified	1370
persons to file an application to relieve an estate from	1371
administration under section 2113.03 of the Revised Code or to	1372
file an application for the grant of letters testamentary or	1373
letters of administration in connection with the decedent's	1374
estate.	1375

Sec. 2113.37.  The probate court, in settlement of an	1376
executor's or administrator's account, may allow as a credit to	1377
the executor or administratorthe following persons a just amount	1378
expended by himthe person for a tombstone or monument for the	1379
deceased and a just amount paid by himthe person to a cemetery	1380
association or corporation as a perpetual fund for caring for and	1381
preserving the lot on which the deceased is buried. It:	1382

(A) An executor;

1383

(B) An administrator;

1384

(C) A person with the right of disposition under section	1385
2108.70 or 2108.81 of the Revised Code.	1386

It is not incumbent on an executor or administratorsuch a	1387
person to procure a tombstone or monument or to pay any sum into	1388
such fund.	1389

Sec. 2117.25. (A) Every executor or administrator shall	1390
proceed with diligence to pay the debts of the decedent and shall	1391
apply the assets in the following order:	1392

(1) Costs and expenses of administration;

1393

(2) An amount, not exceeding twofour thousand dollars, for	1394
funeral expenses that are included in the bill of a funeral	1395
director, funeral expenses other than those in the bill of a	1396
funeral director that are approved by the probate court, and an	1397
amount, not exceeding twothree thousand dollars, for burial and	1398
cemetery expenses, including that portion of the funeral	1399
director's bill allocated to cemetery expenses that have been paid	1400
to the cemetery by the funeral director.	1401

For purposes of this division, burial and cemetery expenses	1402
shall be limited to the following:	1403

(a) The purchase of a placeright of interment;

1404

(b) Monuments or other markers;

1405

(c) The outer burial container;

1406

(d) The cost of opening and closing the place of interment;

1407

(e) The urn.

1408

(3) The allowance for support made to the surviving spouse,	1409
minor children, or both under section 2106.13 of the Revised Code;	1410

(4) Debts entitled to a preference under the laws of the	1411
United States;	1412

(5) Expenses of the last sickness of the decedent;

1413

(6) If the total bill of a funeral director for funeral	1414
expenses exceeds twofour thousand dollars, then, in addition to	1415
the amount described in division (A)(2) of this section, an	1416
amount, not exceeding onetwo thousand dollars, for funeral	1417
expenses that are included in the bill and that exceed twofour	1418
thousand dollars;	1419

(7) Personal property taxes, claims made under the estate	1420
recovery program instituted pursuant to section 5111.11 of the	1421
Revised Code, and obligations for which the decedent was	1422
personally liable to the state or any of its subdivisions;	1423

(8) Debts for manual labor performed for the decedent within	1424
twelve months preceding the decedent's death, not exceeding three	1425
hundred dollars to any one person;	1426

(9) Other debts for which claims have been presented and	1427
finally allowed.	1428

(B) The part of the bill of a funeral director that exceeds	1429
the total of threesix thousand dollars as described in divisions	1430
(A)(2) and (6) of this section, and the part of a claim included	1431
in division (A)(8) of this section that exceeds three hundred	1432
dollars shall be included as a debt under division (A)(9) of this	1433
section, depending upon the time when the claim for the additional	1434
amount is presented.	1435

(C) Any natural person or fiduciary who pays a claim of any	1436
creditor described in division (A) of this section shall be	1437
subrogated to the rights of that creditor proportionate to the	1438
amount of the payment and shall be entitled to reimbursement for	1439
that amount in accordance with the priority of payments set forth	1440
in that division.	1441

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	1442
to the manner in which and the time within which claims shall be	1443
presented, shall apply to claims set forth in divisions (A)(2),	1444
(6), and (8) of this section. Claims for an expense of	1445
administration or for the allowance for support need not be	1446
presented. The executor or administrator shall pay debts included	1447
in divisions (A)(4) and (7) of this section, of which the executor	1448
or administrator has knowledge, regardless of presentation.	1449

(2) The giving of written notice to an executor or	1450
administrator of a motion or application to revive an action	1451
pending against the decedent at the date of death shall be	1452
equivalent to the presentation of a claim to the executor or	1453
administrator for the purpose of determining the order of payment	1454
of any judgment rendered or decree entered in such an action.	1455

(E) No payments shall be made to creditors of one class until	1456
all those of the preceding class are fully paid or provided for.	1457
If the assets are insufficient to pay all the claims of one class,	1458
the creditors of that class shall be paid ratably.	1459

(F) If it appears at any time that the assets have been	1460
exhausted in paying prior or preferred charges, allowances, or	1461
claims, those payments shall be a bar to an action on any claim	1462
not entitled to that priority or preference.	1463

Sec. 2117.251. A claim under the bill of a funeral director	1464
pursuant to section 2117.25 of the Revised Code arises subsequent	1465
to the death of the decedent and is not in satisfaction of a	1466
personal obligation of the individual during the individual's	1467
lifetime. If a decedent during the decedent's lifetime has	1468
purchased an irrevocable preneed funeral contract pursuant to	1469
section 1111.19 of the Revised Code, then those provisions of	1470
section 2117.25 of the Revised Code that relate to the bill of a	1471
funeral director, including divisions (A) and (B) of that section,	1472
do not apply to the estate of the decedent and the estate is not	1473
liable for the funeral expenses of the decedent.	1474

Sec. 4511.451.  (A) As used in this section, "funeral	1475
procession" means two or more vehicles accompanying the cremated	1476
remains or the body of a deceased person in the daytime when each	1477
of the vehicles has its headlights lighted and is displaying a	1478
purple and white or an orange and white pennant attached to each	1479
vehicle in such a manner as to be clearly visible to traffic	1480
approaching from any direction.	1481

(B) Excepting public safety vehicles proceeding in accordance	1482
with section 4511.45 of the Revised Code or when directed	1483
otherwise by a police officer, pedestrians and the operators of	1484
all vehicles, street cars, and trackless trolleys shall yield the	1485
right of way to each vehicle that is a part of a funeral	1486
procession. Whenever the lead vehicle in a funeral procession	1487
lawfully enters an intersection, the remainder of the vehicles in	1488
the procession may continue to follow the lead vehicle through the	1489
intersection notwithstanding any traffic control devices or right	1490
of way provisions of the Revised Code, provided that the operator	1491
of each vehicle exercises due care to avoid colliding with any	1492
other vehicle or pedestrian.	1493

(C) No person shall operate any vehicle as a part of a	1494
funeral procession without having the headlights of the vehicle	1495
lighted and without displaying a purple and white or an orange and	1496
white pennant in such a manner as to be clearly visible to traffic	1497
approaching from any direction.	1498

(C)(D) Except as otherwise provided in this division, whoever	1499
violates this section is guilty of a minor misdemeanor. If, within	1500
one year of the offense, the offender previously has been	1501
convicted of or pleaded guilty to one predicate motor vehicle or	1502
traffic offense, whoever violates this section is guilty of a	1503
misdemeanor of the fourth degree. If, within one year of the	1504
offense, the offender previously has been convicted of two or more	1505
predicate motor vehicle or traffic offenses, whoever violates this	1506
section is guilty of a misdemeanor of the third degree.	1507

Sec. 4717.21.  (A) Any person, on an antemortem basis, may	1508
serve as the person's own authorizing agent, authorize the	1509
person's own cremation, and specify the arrangements for the final	1510
disposition of the person's own cremated remains by executing an	1511
antemortem cremation authorization form. A guardian, custodian, or	1512
other personal representative who is authorized by law or contract	1513
to do so on behalf of a person, on an antemortem basis, may	1514
authorize the cremation of the person and specify the arrangements	1515
for the final disposition of the person's cremated remains by	1516
executing an antemortem cremation authorization form on the	1517
person's behalf. Any such antemortem cremation authorization form	1518
also shall be signed by one witness. The original copy of the	1519
executed authorization form shall be sent to the operator of the	1520
crematory facility being authorized to conduct the cremation, and	1521
a copy shall be retained by the person who executed the	1522
authorization form. The person who executed an antemortem	1523
cremation authorization form may revoke the authorization at any	1524
time by providing written notice of the revocation to the operator	1525
of the crematory facility named in the authorization form. The	1526
person who executed the authorization form may transfer the	1527
authorization to another crematory facility by providing written	1528
notice to the operator of the crematory facility named in the	1529
original authorization of the revocation of the authorization and,	1530
in accordance with this division, executing a new antemortem	1531
cremation authorization form authorizing the operator of another	1532
crematory facility to conduct the cremation.	1533

(B)(1) Each antemortem cremation authorization form shall	1534
specify the final disposition that is to be made of the cremated	1535
remains.	1536

(2) Every antemortem cremation authorization form entered	1537
into on or after the effective date of this amendment shall	1538
specify the final disposition that is to be made of the remains	1539
and shall include a provision in substantially the following form:	1540

NOTICE: Upon the death of the person who is the subject of	1541
this antemortem cremation authorization, the person holding the	1542
right of disposition under section 2108.70 or 2108.81 of the	1543
Revised Code may cancel the cremation arrangements, modify the	1544
arrangements for the final disposition of the cremated remains, or	1545
make alternative arrangements for the final disposition of the	1546
decedent's body. However, the person executing this antemortem	1547
cremation authorization is encouraged to state his or her	1548
preferences as to the manner of final disposition in a declaration	1549
of the right of disposition pursuant to section 2108.72 of the	1550
Revised Code, including that the arrangements set forth in this	1551
form shall be followed.	1552

(C) When(1) Except as provided in division (C)(2) of this	1553
section, when the operator of a crematory facility is in	1554
possession of a cremation authorization form that has been	1555
executed on an antemortem basis in accordance with this section,	1556
the other conditions set forth in division (A) of section 4717.23	1557
of the Revised Code have been met, the crematory facility has	1558
possession of the decedent to which the antemortem authorization	1559
pertains, and the crematory facility has received payment for the	1560
cremation of the decedent and the final disposition of the	1561
cremated remains of the decedent or is otherwise assured of	1562
payment for those services, the crematory facility shall cremate	1563
the decedent and dispose of the cremated remains in accordance	1564
with the instructions contained in the antemortem cremation	1565
authorization form, unless a person identified as being entitled	1566
to act as the authorizing agent for the cremation of the decedent	1567
in the absence of the antemortem authorization under divisions	1568
(A)(1) or (A)(4) to (8) of section 4717.22 of the Revised Code has	1569
modified, in writing, the arrangements for the final disposition	1570
of the cremated remains of the decedent or has canceled the	1571
cremation and made alternative arrangements for the final	1572
disposition of the decedent's body.	1573

(2) A person with the right of disposition for a decedent	1574
under section 2108.70 of the Revised Code who is not disqualified	1575
under section 2108.75 of the Revised Code may cancel the	1576
arrangements for the decedent's cremation, modify the arrangements	1577
for the final disposition of the decedent's cremated remains, or	1578
make alternative arrangements for the final disposition of the	1579
decedent's body. If a person with the right takes any such action,	1580
the operator shall disregard the instructions contained in the	1581
cremation authorization form and follow the instructions of the	1582
person with the right.	1583

(D) An antemortem cremation authorization form executed under	1584
division (A) of this section does not constitute a contract for	1585
conducting the cremation of the person named in the authorization	1586
form or for the final disposition of the person's cremated	1587
remains. Despite the existence of such an antemortem cremation	1588
authorization, a person identified under divisions (A)(1) or	1589
(A)(4) to (8)division (A) of section 4717.22 of the Revised Code	1590
as being entitled to act as the authorizing agent for the	1591
cremation of the decedent named in the antemortem authorization,	1592
in the descending order of priority in which they are listed, may	1593
modify, in writing, the arrangements for the final disposition of	1594
the cremated remains of the decedent set forth in the	1595
authorization form or may cancel the cremation and claim the	1596
decedent's body for purposes of making alternative arrangements	1597
for the final disposition of the decedent's body. The revocation	1598
of an antemortem cremation authorization form executed under	1599
division (A) of this section, or the cancellation of the cremation	1600
of the person named in the antemortem authorization or	1601
modification of the arrangements for the final disposition of the	1602
person's cremated remains as authorized by this division, does not	1603
affect the validity or enforceability of any contract entered into	1604
for the cremation of the person named in the antemortem	1605
authorization or for the final disposition of the person's	1606
cremated remains.	1607

(E) Nothing in this section applies to any antemortem	1608
cremation authorization form executed prior to the effective date	1609
of this section. Any cemetery, funeral home, crematory facility,	1610
or other party may specify, with the written approval of the	1611
person who executed the antemortem authorization, that such an	1612
antemortem authorization is subject to sections 4717.21 to 4717.30	1613
of the Revised Code.	1614

Sec. 4717.22.  (A) The following persons, in the descending	1615
order of priority listed below,person who has the right of	1616
disposition under section 2108.70 or 2108.81 of the Revised Code	1617
may serve as an authorizing agent for the cremation of a dead	1618
human body, including, without limitation, a dead human body that	1619
was donated to science for purposes of medical education or	1620
research:	1621

(1) The spouse of the decedent at the time of the decedent's	1622
death;	1623

(2) Any person acting on the instructions of a decedent who	1624
authorized the decedent's own cremation by executing an antemortem	1625
cremation authorization form in accordance with section 4717.21 of	1626
the Revised Code;	1627

(3) A person serving as the executor or legal representative	1628
of the decedent's estate who is acting in accordance with the	1629
decedent's written instructions for the final disposition of the	1630
decedent's body;	1631

(4) The decedent's surviving adult children. If the decedent	1632
is survived by more than one adult child, any of them who states	1633
on the cremation authorization form authorizing the cremation of	1634
the decedent executed in accordance with section 4717.24 of the	1635
Revised Code that all of the decedent's other adult children have	1636
been notified of the decedent's death and of the plans to cremate	1637
the decedent and that none of them have expressed an objection to	1638
the cremation may serve as the authorizing agent.	1639

(5) The decedent's surviving parent or, if the decedent was	1640
under eighteen years of age at death, a surviving parent or the	1641
guardian or custodian of the decedent. If the decedent is survived	1642
by both parents, either of them may serve as the authorizing agent	1643
by stating on the cremation authorization form authorizing the	1644
cremation of the decedent executed in accordance with section	1645
4717.24 of the Revised Code that the other parent has been	1646
notified of the decedent's death and of the plans to cremate the	1647
decedent and that the other parent expressed no objection to the	1648
cremation.	1649

(6) The person in the next degree of kinship to the decedent	1650
in the order named in section 2105.06 of the Revised Code to	1651
inherit the estate of the decedent if the decedent had died	1652
intestate. If there is more than one person of that degree of	1653
kinship, any of them may serve as the authorizing agent.	1654

(7) If the decedent was an indigent person or other person	1655
the final disposition of whose body is the responsibility of this	1656
state or a political subdivision of this state, the public officer	1657
or employee responsible for arranging the final disposition of the	1658
decedent's body;	1659

(8) In the case of an individual who has donated the	1660
individual's body to science for purposes of medical education or	1661
research, or whose death occurred in a nursing home, rest home, or	1662
home for the aging licensed under Chapter 3721. of the Revised	1663
Code, an adult care facility licensed under Chapter 3722. of the	1664
Revised Code, or a hospital registered under section 3701.07 of	1665
the Revised Code, and who has executed an antemortem cremation	1666
authorization form in accordance with section 4717.21 of the	1667
Revised Code in which the medical education or research facility,	1668
nursing home, rest home, home for the aging, adult care facility,	1669
or hospital is designated to make arrangements for the final	1670
disposition of the decedent's body, a representative of that	1671
facility or institution;	1672

(9) In the absence of any of the parties named in divisions	1673
(A)(1) to (8) of this section, any person willing to assume the	1674
responsibility of an authorizing agent under sections 4717.23 to	1675
4717.30 of the Revised Code.	1676

(B) If body parts were removed from a living person, the	1677
person from whom the body parts were removed or the guardian,	1678
custodian, or other personal representative of the person from	1679
whom the body parts were removed who is authorized by law or	1680
contract to arrange for the disposition of the body partsthe	1681
person who has the right of disposition under section 2108.70 or	1682
2108.81 of the Revised Code may serve as the authorizing agent for	1683
the cremation of the body parts.	1684

(C) If body parts were removed from a decedent whose body was	1685
donated to science for purposes of medical education or research,	1686
the person who has the right of disposition under section 2108.70	1687
or 2108.81 of the Revised Code may serve as the authorizing agent	1688
for the cremation of the body parts. In the absence of any action	1689
by the person with the right of disposition with respect to the	1690
cremation of such body parts, the medical education or research	1691
facility to which the decedent's body was donated may serve as the	1692
authorizing agent for the cremation of the bodysuch parts.	1693

Section 2.  That existing sections 1111.19, 1721.211,	1694
2101.24, 2106.20, 2108.50, 2109.02, 2111.13, 2113.031, 2113.37,	1695
2117.25, 4511.451, 4717.21, and 4717.22 of the Revised Code are	1696
hereby repealed.	1697

Section 3.  Section 4511.451 of the Revised Code is presented	1698
in this act as a composite of the section as amended by both Sub.	1699
H.B. 322 and Am. Sub. S.B. 123 of the 124th General Assembly. The	1700
General Assembly, applying the principle stated in division (B) of	1701
section 1.52 of the Revised Code that amendments are to be	1702
harmonized if reasonably capable of simultaneous operation, finds	1703
that the composite is the resulting version of the section in	1704
effect prior to the effective date of the section as presented in	1705
this act.	1706