As Reported by the Senate Judiciary--Civil Justice Committee

126th General Assembly Regular Session 2005-2006

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 the following	52
notices in 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

NOTICE: You, as the purchaser of this contract, will be	63
notified in writing when the trustee of this contract has received	64
a deposit of the funds you paid the seller under this contract. If	65
you do not receive the notice within sixty days of the date you	66
paid the funds to the seller, you should contact the trustee.	67

(C) Within thirty days after the seller of funeral goods or	68
services receives any payment under a preneed funeral contract,	69
the seller shall deliver the moneys received and not returned to	70
the purchaser as provided in division (B) of this section, to the	71
trustee designated in the preneed funeral contract or an amendment	72
to it.	73

(D) The trustee of each preneed funeral contract trust shall	74
be a financial institution or a natural person not required by	75
this chapter to be licensed to do trust business. A natural person	76
acting as trustee of a preneed funeral contract trust shall be	77
bonded by a corporate surety bond in an amount not less than one	78
hundred per cent of the funds in all of the preneed funeral	79
contract trusts the person serves as trustee.	80

(E)(1) A trustee shall establish a separate preneed funeral	81
contract trust for the moneys paid under each preneed funeral	82
contract, unless the purchaser under a preneed funeral contract	83
authorizes the trustee to place the moneys paid in a combined	84
preneed funeral contract trust. The trustee of a combined preneed	85
funeral contract trust shall keep exact records of the corpus,	86
income, expenses, and disbursements with regard to each	87
beneficiary of a preneed funeral contract for whom moneys are held	88
in the trust. The terms of a preneed funeral contract trust shall	89
be governed by this section.	90

(2) A trustee may charge a fee for managing a preneed funeral	91
contract trust. The fee shall not exceed the amount regularly or	92
usually charged for similar services rendered by the financial	93
institution when serving as a trustee, and shall be paid only from	94
the income on that trust.	95

The trustee of a preneed funeral contract shall notify the	96
purchaser of the contract in writing of the amount of any deposit	97
with the trustee of a payment under the contract within fifteen	98
days of receiving the deposit from the seller of the contract.	99

(F) No preneed funeral contract shall restrict the purchaser	100
from making the contract irrevocable. On the purchase by an	101
individual of an irrevocable preneed funeral contract, the selling	102
funeral director assumes the legal obligation to provide for the	103
funeral of the individual pursuant to the terms of the contract.	104

(G) The purchaser of a preneed funeral contract that is not	105
irrevocable may, on not less than fifteen days' notice, cancel the	106
contract and request and receive from the trustee payments made	107
under the contract and any income earned up to the time of	108
cancellation, less fees, distributions, and expenses made pursuant	109
to this section; except, if a preneed funeral contract stipulates	110
a firm or fixed or guaranteed price for funeral services and goods	111
for future use at a time determined by the death of the	112
beneficiary of the preneed funeral contract, the purchaser, on not	113
less than fifteen days' notice, may cancel the contract and	114
receive from the trustee ninety per cent of the principal paid	115
pursuant to the preneed funeral contract, not less than eighty per	116
cent of any interest earned up to the time of cancellation, and	117
not less than eighty per cent of any income earned on the funds	118
since the funds were paid to the seller and up to the time of	119
cancellation less any fees, distributions, and expenses. On	120
cancellation, after the funds have been distributed to the	121
purchaser pursuant to this division, the trustee shall distribute	122
all remaining funds attributable to the canceled preneed funeral	123
contract to the seller. If more than one purchaser enters into the	124
contract, all of those purchasers must request cancellation for it	125
to be effective under this division, and the trustee shall refund	126
to each purchaser only those funds that purchaser has paid under	127
the contract and a proportionate amount of any income earned on	128
those funds, less any fees, distributions, and expenses.	129

(H) A certified copy of the certificate of death or other	130
evidence of death satisfactory to the trustee shall be furnished	131
to the trustee as evidence of death, and the trustee shall	132
promptly pay the accumulated payments and income, if any,	133
according to the preneed funeral contract. The payment of the	134
accumulated payments and income pursuant to this section and, when	135
applicable, the preneed funeral contract, shall relieve the	136
trustee of any further liability on the accumulated payments and	137
income.	138

(I) For purposes of this section, the seller is deemed to	139
have delivered funeral goods pursuant to a preneed funeral	140
contract when either of the following occurs:	141

(1) The seller makes actual delivery of the goods to the	142
beneficiary;	143

(2) The seller does all of the following:

144

(a) Receives delivery of the goods on behalf of the	145
beneficiary;	146

(b) Stores the goods upon the real property of a funeral home	147
licensed in this state;	148

(c) Notifies the beneficiary of receipt of the goods and	149
identifies the specific location of the goods;	150

(d) At the time of the purchaser's final payment, provides	151
the beneficiary with evidence of ownership in the beneficiary's	152
name showing the goods to be free and clear of any liens or other	153
encumbrances.	154

(J) The seller of funeral goods or services under a preneed	155
funeral contract annually shall submit to the board of embalmers	156
and funeral directors the reports the board requires.	157

(K) The general assembly intends this section to be construed	158
as a limitation on the manner in which a person is permitted to	159
accept funds in prepayment for funeral services to be performed in	160
the future, or funeral goods to be used in connection with the	161
funeral or final disposition of human remains, to the end that at	162
all times members of the public may have an opportunity to arrange	163
and pay for funerals for themselves and their families in advance	164
of need while at the same time providing all possible safeguards	165
to ensure that prepaid funds cannot be dissipated, whether	166
intentionally or not, but remain available for payment for funeral	167
goods and services in connection with the funeral or final	168
disposition of dead human bodies.	169

(L) This section does not apply when the seller of funeral	170
goods or services under a preneed funeral contract is an	171
established and legally cognizable church or denomination that is	172
exempt from federal income taxation under section 501(c)(3) of the	173
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501,	174
as amended, and the preneed funeral contract pertains to a	175
cemetery owned and operated entirely and exclusively by the church	176
or denomination; provided the church or denomination adopts, on a	177
voluntary basis, rules and other measures to safeguard and secure	178
all funds received under any preneed funeral contract.	179

(M) This section does not prohibit persons who are not	180
licensed funeral directors from selling funeral goods pursuant to	181
a preneed funeral contract; however, all sellers of funeral goods	182
pursuant to a preneed funeral contract shall comply with this	183
section unless the seller is specifically exempt from compliance	184
by this section.	185

Sec. 1721.211.  (A) As used in this section, "preneed	186
cemetery merchandise and services contract" means a written	187
agreement, contract, or series of contracts to sell or otherwise	188
provide an outer burial container, monument, marker, urn, other	189
type of merchandise customarily sold by cemeteries, or opening and	190
closing services to be used or provided in connection with the	191
final disposition of a dead human body, where payment for the	192
container, monument, marker, urn, other type of merchandise	193
customarily sold by cemeteries, or opening and closing services is	194
made either outright or on an installment basis, prior to the	195
death of the person so purchasing or for whom so purchased.	196
"Preneed cemetery merchandise and services contract" does not	197
include any preneed funeral contract or any agreement, contract,	198
or series of contracts pertaining to the sale of any burial lot,	199
burial or interment right, entombment right, or columbarium right	200
with respect to which an endowment care trust is established or is	201
exempt from establishment pursuant to section 1721.21 of the	202
Revised Code.	203

(B) Subject to the limitations and restrictions contained in	204
Chapters 1101. to 1127. of the Revised Code, a trust company	205
licensed under Chapter 1111. of the Revised Code or a national	206
bank or federal savings association that pledges securities in	207
accordance with section 1111.04 of the Revised Code or the	208
individuals described in division (C)(2) of this section have the	209
power as trustee to receive and to hold and invest in accordance	210
with sections 2109.37 and 2109.371 of the Revised Code moneys	211
under a preneed cemetery merchandise and services contract.	212

(C)(1) The greater of one hundred ten per cent of the	213
seller's actual cost or thirty per cent of the seller's retail	214
price of the merchandise and seventy per cent of the seller's	215
retail price of the services to be provided under a preneed	216
cemetery merchandise and services contract shall remain intact as	217
a fund until the death of the person for whose benefit the	218
contract is made or the merchandise is delivered as set forth in	219
division (K) of this section. However, any moneys held pursuant to	220
this section shall be released upon demand of the person for whose	221
benefit the contract was made or upon the demand of the seller for	222
its share of the moneys held and earned interest if the contract	223
has been canceled as set forth in division (G) of this section.	224

(2) The trustee of the fund described in division (C)(1) of	225
this section shall be a trust company licensed under Chapter 1111.	226
of the Revised Code or a national bank or federal savings	227
association that pledges securities in accordance with section	228
1111.04 of the Revised Code or at least three individuals who have	229
been residents of the county in which the seller is located for at	230
least one year, each of whom shall be bonded by a corporate surety	231
in an amount that is at least equal to the amount deposited in the	232
fund of which those persons serve as trustee. Amounts in the fund	233
shall be held and invested in the manner in which trust funds are	234
permitted to be held and invested pursuant to sections 2109.37 and	235
2109.371 of the Revised Code.	236

(3) Every preneed cemetery and merchandise contract entered	237
into on or after the effective date of this amendment shall	238
include a provision in substantially the following form:	239

NOTICE: Under Ohio law, the person holding the right of	240
disposition of the remains of the beneficiary of this contract	241
pursuant to section 2108.70 or 2108.81 of the Revised Code will	242
have the right to purchase cemetery merchandise and services	243
inconsistent with the merchandise and services set forth in this	244
contract. However, the beneficiary is encouraged to state his or	245
her preferences as to the manner of final disposition in a	246
declaration of the right of disposition pursuant to section	247
2108.72 of the Revised Code, including that the arrangements set	248
forth in this contract shall be followed.	249

(D) Within thirty days after the last business day of the	250
month in which the seller of cemetery merchandise or services	251
receives final contractual payment under a preneed cemetery	252
merchandise and services contract, the seller shall deliver the	253
greater of one hundred ten per cent of the seller's actual cost or	254
thirty per cent of the seller's retail price of the merchandise	255
and seventy per cent of the seller's current retail price of the	256
services as of the date of the contract to a trustee or to	257
trustees as described in division (C)(2) of this section, and the	258
moneys and accruals or income on the moneys shall be held in a	259
fund and designated for the person for whose benefit the fund was	260
established as a preneed cemetery merchandise and services	261
contract fund.	262

(E) The moneys received from more than one preneed cemetery	263
merchandise and services contract may, at the option of the	264
persons for whose benefit the contracts are made, be placed in a	265
common or pooled trust fund in this state under a single trust	266
instrument. If three individuals are designated as the trustees as	267
provided in division (C)(2) of this section, they shall be bonded	268
by a corporate surety or fidelity bond in an aggregate amount of	269
not less than one hundred per cent of the funds held by them as	270
trustees. The trustees or their agent shall, on a continuous	271
basis, keep exact records as to the amount of funds under a single	272
trust instrument being held for the individual beneficiaries	273
showing the amount paid, the amount deposited and invested, and	274
accruals and income.	275

(F) The seller of merchandise or services under a preneed	276
cemetery merchandise and services contract shall annually submit	277
to the division of real estate of the department of commerce an	278
affidavit in a form prescribed by the division, sworn under oath,	279
specifying each of the following:	280

(1) That, within the time specified in division (D) of this	281
section, the amounts required by that division were deposited in	282
an appropriate fund;	283

(2) That the fund has not been used to collateralize or	284
guarantee loans and has not otherwise been subjected to any	285
consensual lien;	286

(3) That the fund is invested in compliance with the	287
investing standards set forth in sections 2109.37 and 2109.371 of	288
the Revised Code;	289

(4) That no moneys have been removed from the fund, except as	290
provided for in this section.	291

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

292

Any person upon initially entering into a preneed cemetery	293
merchandise and services contract may, within seven days, cancel	294
the contract and request and receive from the seller one hundred	295
per cent of all payments made under the contract. After the	296
expiration of the above period, any person who has entered into a	297
preneed cemetery merchandise and services contract may, on not	298
less than fifteen days' notice, cancel the contract and request	299
and receive from the seller sixty per cent of the payments made	300
under the contract which have been paid up to the time of	301
cancellation; except that, if a preneed cemetery merchandise and	302
services contract stipulates a firm or fixed or guaranteed price	303
for the merchandise or services for future use at a time	304
determined by the death of the person on behalf of whom payments	305
are made, the person who has entered into the contract may, if the	306
merchandise has not been delivered or the services have not been	307
performed as set forth in division (K) or (L) of this section, on	308
not less than fifteen days' notice, cancel the contract and	309
receive from the seller sixty per cent of the principal paid	310
pursuant to the contract and not less than eighty per cent of any	311
interest paid, up to the time of cancellation, and not less than	312
eighty per cent of any accrual or income earned while the moneys	313
have been held pursuant to divisions (C) and (D) of this section,	314
up to the time of cancellation. Upon cancellation, after the	315
moneys have been distributed to the beneficiary pursuant to this	316
division, all remaining moneys being held pursuant to divisions	317
(C) and (D) of this section shall be paid to the seller. If more	318
than one person enters into the contract, all of those persons	319
must request cancellation for it to be effective under this	320
division. In such a case, the seller shall refund to each person	321
only those moneys that each person has paid under the contract.	322

(H) Upon receipt of a certified copy of the certificate of	323
death or evidence of delivery of the merchandise or performance of	324
the services pursuant to division (K) or (L) of this section, the	325
trustee described in division (C)(2) of this section or its agent,	326
shall forthwith pay the fund and accumulated interest, if any, to	327
the person entitled to them under the preneed cemetery merchandise	328
and services contract. The payment of the fund and accumulated	329
interest pursuant to this section, either to a seller or person	330
making the payments, shall relieve the trustee of any further	331
liability on the fund or accumulated interest.	332

(I) Notwithstanding any other provision of this section, any	333
preneed cemetery merchandise and services contract may specify	334
that it is irrevocable. All irrevocable preneed cemetery	335
merchandise and services contracts shall include a clear and	336
conspicuous disclosure of irrevocability in the contract and any	337
person entering into an irrevocable preneed cemetery merchandise	338
and services contract shall sign a separate acknowledgment of the	339
person's waiver of the right to revoke. If a contract satisfies	340
the requirements of this division, division (G) of this section	341
does not apply to that contract.	342

(J) Any preneed cemetery merchandise and services contract	343
that involves the payment of money shall be in writing and in	344
compliance with the laws and rules of this state.	345

(K) For purposes of this section, the seller is considered to	346
have delivered merchandise pursuant to a preneed cemetery	347
merchandise and services contract when either of the following	348
occur:	349

(1) The seller makes actual delivery of the merchandise to	350
the beneficiary, or the seller pays for the merchandise and	351
identifies it as being stored for the benefit of the beneficiary	352
at a manufacturer's warehouse.	353

(2) The seller receives delivery of the merchandise on behalf	354
of the beneficiary, and all of the following occur:	355

(a) The merchandise is permanently affixed to or stored upon	356
the real property of a cemetery located in this state.	357

(b) The seller notifies the beneficiary of receipt of the	358
merchandise and identifies the specific location of the	359
merchandise.	360

(c) The seller at the time of the beneficiary's final payment	361
provides the beneficiary with evidence of ownership in the	362
beneficiary's name showing the merchandise to be free and clear of	363
any liens or other encumbrances.	364

(L) For purposes of this section, a seller is considered to	365
have performed services pursuant to a preneed cemetery merchandise	366
and services contract when the beneficiary's next of kin signs a	367
written statement that the services have been performed or, if no	368
next of kin of the beneficiary can be located through reasonable	369
diligence, when the owner or other person responsible for the	370
operation of the cemetery signs a statement of that nature.	371

(M) Notwithstanding any other provision of this chapter, any	372
trust may be charged a trustee's fee, which is to be deducted from	373
the earned income or accruals on that trust. The fee shall not	374
exceed the amount that is regularly or usually charged for similar	375
services rendered by the trustee described in division (C)(2) of	376
this section when serving as a trustee.	377

(N) The general assembly intends that this section be	378
construed as a limitation upon the manner in which a person is	379
permitted to accept moneys in prepayment for merchandise and	380
services to be delivered or provided in the future, or merchandise	381
and services to be used or provided in connection with the final	382
disposition of human remains, to the end that at all times members	383
of the public may have an opportunity to arrange and pay for	384
merchandise and services for themselves and their families in	385
advance of need while at the same time providing all possible	386
safeguards whereunder the prepaid moneys cannot be dissipated,	387
whether intentionally or not, so as to be available for the	388
payment for merchandise and services and the providing of	389
merchandise and services used or provided in connection with the	390
final disposition of dead human bodies.	391

(O) This section does not apply to the seller or provider of	392
merchandise or services under a preneed cemetery merchandise and	393
services contract if the contract pertains to a cemetery that is	394
owned and operated entirely and exclusively by an established and	395
legally cognizable church or denomination that is exempt from	396
federal income taxation under section 501(c)(3) of the "Internal	397
Revenue Code of 1954," 26 U.S.C.A. 501, an established fraternal	398
organization, or a municipal corporation or other political	399
subdivision of the state, to a cemetery that is a national	400
cemetery, or to a cemetery that is a family cemetery as defined in	401
section 4767.02 of the Revised Code; provided that, on a voluntary	402
basis, rules and other measures are adopted to safeguard and	403
secure all moneys received under a preneed cemetery merchandise	404
and services contract.	405

(P) This section does not prohibit persons other than	406
cemetery corporations or associations from selling outer burial	407
containers, monuments, markers, urns, or other types of	408
merchandise customarily sold by cemeteries pursuant to a preneed	409
cemetery merchandise and services contract; however all sellers of	410
merchandise pursuant to a preneed cemetery merchandise and	411
services contract shall comply with this section unless the seller	412
is specifically exempt from this section.	413

(Q) Any contract for preneed services or merchandise entered	414
into with a cemetery not registered under section 4767.03 of the	415
Revised Code is voidable.	416

Sec. 2101.24.  (A)(1) Except as otherwise provided by law,	417
the probate court has exclusive jurisdiction:	418

(a) To take the proof of wills and to admit to record	419
authenticated copies of wills executed, proved, and allowed in the	420
courts of any other state, territory, or country. If the probate	421
judge is unavoidably absent, any judge of the court of common	422
pleas may take proof of wills and approve bonds to be given, but	423
the record of these acts shall be preserved in the usual records	424
of the probate court.	425

(b) To grant and revoke letters testamentary and of	426
administration;	427

(c) To direct and control the conduct and settle the accounts	428
of executors and administrators and order the distribution of	429
estates;	430

(d) To appoint the attorney general to serve as the	431
administrator of an estate pursuant to section 2113.06 of the	432
Revised Code;	433

(e) To appoint and remove guardians, conservators, and	434
testamentary trustees, direct and control their conduct, and	435
settle their accounts;	436

(f) To grant marriage licenses;

437

(g) To make inquests respecting persons who are so mentally	438
impaired as a result of a mental or physical illness or	439
disability, or mental retardation, or as a result of chronic	440
substance abuse, that they are unable to manage their property and	441
affairs effectively, subject to guardianship;	442

(h) To qualify assignees, appoint and qualify trustees and	443
commissioners of insolvents, control their conduct, and settle	444
their accounts;	445

(i) To authorize the sale of lands, equitable estates, or	446
interests in lands or equitable estates, and the assignments of	447
inchoate dower in such cases of sale, on petition by executors,	448
administrators, and guardians;	449

(j) To authorize the completion of real estate contracts on	450
petition of executors and administrators;	451

(k) To construe wills;

452

(l) To render declaratory judgments, including, but not	453
limited to, those rendered pursuant to section 2107.084 of the	454
Revised Code;	455

(m) To direct and control the conduct of fiduciaries and	456
settle their accounts;	457

(n) To authorize the sale or lease of any estate created by	458
will if the estate is held in trust, on petition by the trustee;	459

(o) To terminate a testamentary trust in any case in which a	460
court of equity may do so;	461

(p) To hear and determine actions to contest the validity of	462
wills;	463

(q) To make a determination of the presumption of death of	464
missing persons and to adjudicate the property rights and	465
obligations of all parties affected by the presumption;	466

(r) To hear and determine an action commenced pursuant to	467
section 3107.41 of the Revised Code to obtain the release of	468
information pertaining to the birth name of the adopted person and	469
the identity of the adopted person's biological parents and	470
biological siblings;	471

(s) To act for and issue orders regarding wards pursuant to	472
section 2111.50 of the Revised Code;	473

(t) To hear and determine actions against sureties on the	474
bonds of fiduciaries appointed by the probate court;	475

(u) To hear and determine actions involving informed consent	476
for medication of persons hospitalized pursuant to section	477
5122.141 or 5122.15 of the Revised Code;	478

(v) To hear and determine actions relating to durable powers	479
of attorney for health care as described in division (D) of	480
section 1337.16 of the Revised Code;	481

(w) To hear and determine actions commenced by objecting	482
individuals, in accordance with section 2133.05 of the Revised	483
Code;	484

(x) To hear and determine complaints that pertain to the use	485
or continuation, or the withholding or withdrawal, of	486
life-sustaining treatment in connection with certain patients	487
allegedly in a terminal condition or in a permanently unconscious	488
state pursuant to division (E) of section 2133.08 of the Revised	489
Code, in accordance with that division;	490

(y) To hear and determine applications that pertain to the	491
withholding or withdrawal of nutrition and hydration from certain	492
patients allegedly in a permanently unconscious state pursuant to	493
section 2133.09 of the Revised Code, in accordance with that	494
section;	495

(z) To hear and determine applications of attending	496
physicians in accordance with division (B) of section 2133.15 of	497
the Revised Code;	498

(aa) To hear and determine actions relative to the use or	499
continuation of comfort care in connection with certain principals	500
under durable powers of attorney for health care, declarants under	501
declarations, or patients in accordance with division (E) of	502
either section 1337.16 or 2133.12 of the Revised Code;	503

(bb) To hear and determine applications for an order	504
relieving an estate from administration under section 2113.03 of	505
the Revised Code;	506

(cc) To hear and determine applications for an order granting	507
a summary release from administration under section 2113.031 of	508
the Revised Code.;	509

(dd) To hear and determine actions relating to the exercise	510
of the right of disposition, in accordance with section 2108.90 of	511
the Revised Code;	512

(ee) To hear and determine actions relating to the	513
disinterment and reinterment of human remains under section 517.23	514
of the Revised Code.	515

(2) In addition to the exclusive jurisdiction conferred upon	516
the probate court by division (A)(1) of this section, the probate	517
court shall have exclusive jurisdiction over a particular subject	518
matter if both of the following apply:	519

(a) Another section of the Revised Code expressly confers	520
jurisdiction over that subject matter upon the probate court.	521

(b) No section of the Revised Code expressly confers	522
jurisdiction over that subject matter upon any other court or	523
agency.	524

(B)(1) The probate court has concurrent jurisdiction with,	525
and the same powers at law and in equity as, the general division	526
of the court of common pleas to issue writs and orders, and to	527
hear and determine actions as follows:	528

(a) If jurisdiction relative to a particular subject matter	529
is stated to be concurrent in a section of the Revised Code or has	530
been construed by judicial decision to be concurrent, any action	531
that involves that subject matter;	532

(b) Any action that involves an inter vivos trust; a trust	533
created pursuant to section 1339.51 of the Revised Code; a	534
charitable trust or foundation; subject to divisions (A)(1)(u) and	535
(z) of this section, a power of attorney, including, but not	536
limited to, a durable power of attorney; the medical treatment of	537
a competent adult; or a writ of habeas corpus.	538

(2) Any action that involves a concurrent jurisdiction	539
subject matter and that is before the probate court may be	540
transferred by the probate court, on its order, to the general	541
division of the court of common pleas.	542

(C) The probate court has plenary power at law and in equity	543
to dispose fully of any matter that is properly before the court,	544
unless the power is expressly otherwise limited or denied by a	545
section of the Revised Code.	546

(D) The jurisdiction acquired by a probate court over a	547
matter or proceeding is exclusive of that of any other probate	548
court, except when otherwise provided by law.	549

Sec. 2106.20.  A surviving spouse or a person with the right	550
of disposition under section 2108.70 or 2108.81 of the Revised	551
Code is entitled to a reimbursement from the estate of the	552
deceased spousedecedent for funeral and burial expenses, if paid	553
by the surviving spouse or person with the right of disposition,	554
to the extent that the rights of other creditors of the estate	555
will not be prejudiced by the reimbursement.	556

Sec. 2108.50.  (A) Subject to section 2108.521 of the Revised	557
Code, an autopsy or post-mortem examination may be performed upon	558
the body of a deceased person by a licensed physician or surgeon	559
if consent has been given in the order named by one of the	560
following persons of sound mind and eighteen years of age or older	561
in a written instrument executed by the person or on the person's	562
behalf at the person's express direction:	563

(1) The deceased person during the deceased person's	564
lifetime;	565

(2) The decedent's spouse;

566

(3) If there is no surviving spouse, if the address of the	567
surviving spouse is unknown or outside the United States, if the	568
surviving spouse is physically or mentally unable or incapable of	569
giving consent, or if the deceased person was separated and living	570
apart from such surviving spouse, then a person having the first	571
named degree of relationship in the following list in which a	572
relative of the deceased person survives and is physically and	573
mentally able and capable of giving consent may execute consent:	574

(a) Children;

575

(b) Parents;

576

(c) Brothers or sisters.

577

(4) If there are no surviving persons of any degree of	578
relationship listed in division (A)(3) of this section, any other	579
relative or person who assumes custody of the body for burial;	580

(5) A person authorized by written instrument executed by the	581
deceased person to make arrangements for burial;	582

(6) A person who, at the time of death of the deceased	583
person, was serving as guardian of the person for the deceased	584
personby the person who has the right of disposition under	585
section 2108.70 or 2108.81 of the Revised Code.	586

(B) Consent to an autopsy or post-mortem examination given	587
under this section may be revoked only by the person executing the	588
consent and in the same manner as required for execution of	589
consent under this section.	590

(C) As used in this section, "written instrument" includes a	591
telegram or cablegram.	592

Sec. 2108.70.  (A) As used in this section and sections	593
2108.71 to 2108.90 of the Revised Code:	594

(1) "Adult" means an individual who is eighteen years of age	595
or older.	596

(2) "Declarant" means an adult who has executed a written	597
declaration described in division (B) of this section.	598

(3) "Representative" means an adult or a group of adults,	599
collectively, to whom a declarant has assigned the right of	600
disposition.	601

(4) "Right of disposition" means one or more of the rights	602
described in division (B) of this section that a declarant chooses	603
to assign to a representative in a written declaration executed	604
under that division or all of the rights described in division (B)	605
of this section that are assigned to a person pursuant to section	606
2108.81 of the Revised Code.	607

(5) "Successor representative" means an adult or group of	608
adults, collectively, to whom the right of disposition for a	609
declarant has been reassigned because the declarant's	610
representative is disqualified from exercising the right under	611
section 2108.75 of the Revised Code. Each successor representative	612
shall be considered in the order the representative is designated	613
by the declarant.	614

(B) An adult who is of sound mind may execute at any time a	615
written declaration assigning to a representative one or more of	616
the following rights:	617

(1) The right to direct the disposition, after death, of the	618
declarant's body or any part of the declarant's body that becomes	619
separated from the body before death. This right includes the	620
right to determine the location, manner, and conditions of the	621
disposition of the declarant's bodily remains.	622

(2) The right to make arrangements and purchase goods and	623
services for the declarant's funeral. This right includes the	624
right to determine the location, manner, and condition of the	625
declarant's funeral.	626

(3) The right to make arrangements and purchase goods and	627
services for the declarant's burial, cremation, or other manner of	628
final disposition. This right includes the right to determine the	629
location, manner, and condition of the declarant's burial,	630
cremation, or other manner of final disposition.	631

(C)(1) Subject to division (C)(2) of this section, a	632
declarant may designate a successor representative.	633

(2) If a representative is a group of persons and not all of	634
the persons in the group meet at least one criterion to be	635
disqualified from serving as the representative, as described in	636
section 2108.75 of the Revised Code, the persons in the group who	637
are not disqualified shall remain the representative who has the	638
right of disposition.	639

(D) The assignment or reassignment of a right of disposition	640
to a representative and a successor representative supercedes an	641
assignment of a right of disposition under section 2108.81 of the	642
Revised Code.	643

Sec. 2108.71.  The assignment or reassignment of a right of	644
disposition by a declarant under section 2108.70 of the Revised	645
Code vests in a representative or a successor representative at	646
the time of the declarant's death.	647

Sec. 2108.72.  (A) The written declaration described in	648
section 2108.70 of the Revised Code shall include all of the	649
following:	650

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

651

(2) A statement that the declarant, an adult being of sound	652
mind, willfully and voluntarily appoints a representative to have	653
the declarant's right of disposition for the declarant's body upon	654
the declarant's death;	655

(3) A statement that all decisions made by the declarant's	656
representative with respect to the right of disposition are	657
binding;	658

(4) The name, last known address, and last known telephone	659
number of the representative or, if the representative is a group	660
of persons, the name, last known address, and last known telephone	661
number of each person in the group;	662

(5) If the declarant chooses to have a successor	663
representative, a statement that if any person or group of persons	664
named as the declarant's representative is disqualified from	665
serving in such position as described in section 2108.75 of the	666
Revised Code, the declarant appoints a successor representative;	667

(6) If applicable, the name, last known address, and last	668
known telephone number of the successor representative or, if the	669
successor representative is a group of persons, the name, last	670
known address, and last known telephone number of each person in	671
the group;	672

(7) A space where the declarant may indicate the declarant's	673
preferences regarding how the right of disposition should be	674
exercised, including any religious observances the declarant	675
wishes the person with the right of disposition to consider;	676

(8) A space where the declarant may indicate one or more	677
sources of funds that may be used to pay for goods and services	678
associated with the exercise of the right of disposition;	679

(9) A statement that the declarant's written declaration	680
becomes effective on the declarant's death;	681

(10) A statement that the declarant revokes any written	682
declaration that the declarant executed, in accordance with	683
section 2108.70 of the Revised Code, prior to the execution of the	684
present written declaration.	685

(11) A space where the declarant can sign and date the	686
written declaration;	687

(12) A space where a notary public or two witnesses can sign	688
and date the written declaration as described in section 2108.73	689
of the Revised Code.	690

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

691

APPOINTMENT OF REPRESENTATIVE FOR DISPOSITION OF BODILY	692
REMAINS, FUNERAL ARRANGEMENTS, AND BURIAL OR CREMATION GOODS AND	693
SERVICES:	694

I, ................. (legal name and present address of	695
declarant), an adult being of sound mind, willfully and	696
voluntarily appoint my representative, named below, to have the	697
right of disposition, as defined in section 2108.70 of the Revised	698
Code, for my body upon my death. All decisions made by my	699
representative with respect to the right of disposition shall be	700
binding.	701

REPRESENTATIVE:

702

(If the representative is a group of persons, indicate the	703
name, last known address, and telephone number of each person in	704
the group.)	705

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

706

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

707

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

708

SUCCESSOR REPRESENTATIVE:

709

If my representative is disqualified from serving as my	710
representative as described in section 2108.75 of the Revised	711
Code, then I hereby appoint the following person or group of	712
persons to serve as my successor representative.	713

(If the successor representative is a group of persons,	714
indicate the name, last known address, and telephone number of	715
each person in the group.)	716

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

717

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

718

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

719

PREFERENCES REGARDING HOW THE RIGHT OF DISPOSITION SHOULD BE	720
EXERCISED, INCLUDING ANY RELIGIOUS OBSERVANCES THE DECLARANT	721
WISHES A REPRESENTATIVE OR A SUCCESSOR REPRESENTATIVE TO CONSIDER:	722

			723
	724
	725
	726

ONE OR MORE SOURCES OF FUNDS THAT COULD BE USED TO PAY FOR	727
GOODS AND SERVICES ASSOCIATED WITH AN EXERCISE OF THE RIGHT OF	728
DISPOSITION:	729

			730
	731
	732
	733

DURATION:

734

The appointment of my representative and, if applicable,	735
successor representative, becomes effective upon my death.	736

PRIOR APPOINTMENTS REVOKED:

737

I hereby revoke any written declaration that I executed in	738
accordance with section 2108.70 of the Ohio Revised Code prior to	739
the date of execution of this written declaration indicated below.	740

AUTHORIZATION TO ACT:

741

I hereby agree that any of the following that receives a copy	742
of this written declaration may act under it:	743

- Cemetery organization;

744

- Crematory operator;

745

- Business operating a columbarium;

746

- Funeral director;

747

- Embalmer;

748

- Funeral home;

749

- Any other person asked to assist with my funeral, burial,	750
cremation, or other manner of final disposition.	751

MODIFICATION AND REVOCATION - WHEN EFFECTIVE:

752

Any modification or revocation of this written declaration is	753
not effective as to any party until that party receives actual	754
notice of the modification or revocation.	755

LIABILITY:

756

No person who acts in accordance with a properly executed	757
copy of this written declaration shall be liable for damages of	758
any kind associated with the person's reliance on this	759
declaration.	760

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

761

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

(Signature of declarant)

ACKNOWLEDGMENT OF ASSUMPTION OF OBLIGATIONS AND COSTS:

762

By signing below, the representative, or successor	763
representative, if applicable, acknowledges that he or she, as	764
representative or successor representative, assumes the right of	765
disposition as defined in section 2108.70 of the Revised Code, and	766
understands that he or she is liable for the reasonable costs of	767
exercising the right, including any goods and services that are	768
purchased.	769

ACCEPTANCE (OPTIONAL):

770

The undersigned hereby accepts this appointment as	771
representative or successor representative, as applicable, for the	772
right of disposition as defined in section 2108.70 of the Revised	773
Code.	774

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

776

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

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

777

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

779

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

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

780

WITNESSES:

781

I attest that the declarant signed or acknowledged this	782
assignment of the right of disposition under section 2108.70 of	783
the Revised Code in my presence and that the declarant is at least	784
eighteen years of age and appears to be of sound mind and not	785
under or subject to duress, fraud, or undue influence. I further	786
attest that I am not the declarant's representative or successor	787
representative, I am at least eighteen years of age, and I am not	788
related to the declarant by blood, marriage, or adoption.	789

First witness:				791
Name (printed):				792
........................	Residing at:	..............		793
Signature:		..............		794
........................		..............		795
Date:				796
........................				797

Second witness:				799
Name (printed):				800
........................	Residing at:	..............		801
Signature:		..............		802
........................		..............		803
Date:				804
........................				805

OR

806

NOTARY ACKNOWLEDGMENT:

807

State of Ohio

808

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

809

On ..............., before me, the undersigned notary public,	810
personally appeared ................., known to me or	811
satisfactorily proven to be the person whose name is subscribed as	812
the declarant, and who has acknowledged that he or she executed	813
this written declaration under section 2108.70 of the Revised Code	814
for the purposes expressed in that section. I attest that the	815
declarant is at least eighteen years of age and appears to be of	816
sound mind and not under or subject to duress, fraud, or undue	817
influence.	818

Signature of notary public

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

My	819
commission expires on: ....

820

Sec. 2108.73.  A written declaration executed by a declarant	821
under section 2108.70 of the Revised Code shall be signed and	822
dated by the declarant in the presence of either of the following:	823

(A) A notary public who shall make the certification	824
described in section 147.53 of the Revised Code.	825

(B) Two witnesses who are adults and who are not related by	826
blood, marriage, or adoption to the declarant.	827

Sec. 2108.74. A declarant who executes a written declaration	828
in accordance with section 2108.73 of the Revised Code warrants	829
the truthfulness of the entire content of the declaration.	830

Sec. 2108.75.  (A) A person shall be disqualified from	831
serving as a representative or successor representative, or from	832
having the right of disposition for a deceased adult pursuant to	833
section 2108.81 of the Revised Code, if any of the following	834
occurs:	835

(1) The person dies.

836

(2) A probate court declares or determines that the person is	837
incompetent.	838

(3) The person resigns or declines to exercise the right as	839
described in section 2108.88 of the Revised Code.	840

(4) The person refuses to exercise the right within two days	841
after notification of the declarant's death.	842

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

843

(6) The person meets the criteria described in section	844
2108.76 or 2108.77 of the Revised Code.	845

(B) No owner, employee, or agent of a funeral home, cemetery,	846
or crematory providing funeral, burial, or cremation services for	847
a declarant shall serve as a representative or successor	848
representative for the declarant unless the owner, employee, or	849
agent is related to the declarant by blood, marriage, or adoption.	850

(C) Subject to divisions (C)(2) and (D)(2) of section 2108.70	851
of the Revised Code, if a person is disqualified from serving as	852
the declarant's representative or successor representative, or	853
from having the right of disposition for a deceased adult pursuant	854
to section 2108.81 of the Revised Code, as described in division	855
(A) of this section, the right is automatically reassigned to, and	856
vests in, the next person who has the right pursuant to the	857
declarant's written declaration or pursuant to the order of	858
priority in section 2108.81 of the Revised Code.	859

Sec. 2108.76.  (A) Except as provided in division (B) of this	860
section, if the person named as the declarant's representative or	861
successor representative in a written declaration was the	862
declarant's spouse at the time the declaration was executed, but	863
is not the declarant's spouse at the time of the declarant's	864
death, the former spouse shall no longer be qualified to serve as	865
the declarant's representative or successor representative.	866

(B) Division (A) of this section shall not apply and a former	867
spouse is qualified to serve as a declarant's representative or	868
successor representative if the declarant signs and dates, after	869
the termination of the marriage, a document stating the	870
declarant's intent that the former spouse be the declarant's	871
representative or successor representative. The document must be	872
notarized or witnessed in accordance with the procedures described	873
in section 2108.73 of the Revised Code.	874

Sec. 2108.77.  If the person named as the declarant's	875
representative or successor representative in a written	876
declaration, or the person who has a deceased adult's right of	877
disposition pursuant to section 2108.81 of the Revised Code, meets	878
any of the following criteria, the person shall be disqualified	879
from serving as the representative or successor representative, or	880
from having the right:	881

(A)(1) Subject to division (A)(2) of this section, the person	882
has been charged with murder, aggravated murder, or voluntary	883
manslaughter.	884

(2) If the charges against the person described in division	885
(A)(1) of this section are dismissed or if the person is acquitted	886
of such charges, the right is restored to the person.	887

(B)(1) Subject to division (B)(2) of this section, the person	888
has been charged with an act of domestic violence under section	889
2919.25 of the Revised Code and it has been alleged in the	890
charging instrument or accompanying papers that the act resulted	891
in or contributed to the declarant's death.	892

(2) If the charges against the person described in division	893
(B)(1) of this section are dismissed or if the person is acquitted	894
of such charges, the right is restored to the person.	895

(C) The person and the declarant or deceased adult are	896
spouses and an action to terminate the marriage pursuant to	897
Chapter 3105. of the Revised Code was pending at the time of the	898
declarant's or deceased adult's death.	899

(D) The person and the declarant or deceased adult are	900
spouses and a probate court, on the motion of any other person or	901
its own motion, determines that the declarant's or deceased	902
adult's spouse and the declarant were estranged at the time of the	903
declarant's or deceased adult's death. As used in this division,	904
"estranged" means that a declarant's or a deceased adult's spouse	905
and the declarant or deceased adult were physically and	906
emotionally separated from each other, at the time of the	907
declarant's or deceased adult's death, and had been separated for	908
a period of time that clearly demonstrates an absence of due	909
affection, trust, and regard between spouse and the declarant of	910
deceased adult.	911

Sec. 2108.78.  If a declarant or deceased adult has made a	912
valid declaration of an anatomical gift by will or any other	913
document or means described in section 2108.04 of the Revised	914
Code, any person to whom the declarant has assigned the right of	915
disposition under section 2108.70 of the Revised Code, or who has	916
the right as described in section 2108.81 of the Revised Code, is	917
bound by the declaration of the anatomical gift and must follow	918
the instructions associated with the gift before making any	919
decisions or taking any other actions associated with the right.	920

Sec. 2108.79.  (A) Subject to divisions (B) and (C) of this	921
section, if a declarant's representative or successor	922
representative is a group of people in whom the right of	923
disposition has vested as described in section 2108.71 of the	924
Revised Code, or if a class of persons has the right as described	925
in section 2108.81 of the Revised Code, and the persons in the	926
group or class disagree regarding how the right is to be	927
exercised, the decisions of the majority of the persons in the	928
group or class shall prevail.	929

(B) If, after reasonable efforts, less than all of the	930
persons in a group or class described in division (A) of this	931
section have been located, the decisions of the majority of the	932
persons in the group or class who have been located prevail.	933

(C) If a majority of persons cannot reach a decision under	934
division (A) or (B) of this section, the probate court of the	935
county in which the declarant or deceased person resided at the	936
time of death shall make the decision in accordance with the	937
criteria set forth in division (B) of section 2108.82 of the	938
Revised Code.	939

Sec. 2108.80.  A declarant may revoke a written declaration	940
executed under section 2108.70 of the Revised Code by indicating	941
the declarant's desire to revoke the declaration in a document	942
signed and dated by the declarant in the presence of either of the	943
following:	944

(A) A notary public who shall make the certification	945
described in section 147.53 of the Revised Code.	946

(B) Two witnesses who are adults and are not related by	947
blood, marriage, or adoption to the declarant.	948

Sec. 2108.81.  (A) If either of the following is true,	949
division (B) of this section shall apply:	950

(1) An adult has not executed a written declaration pursuant	951
to sections 2108.70 to 2108.73 of the Revised Code that remains in	952
force at the time of the adult's death.	953

(2) Each person to whom the right of disposition has been	954
assigned or reassigned pursuant to a written declaration is	955
disqualified from exercising the right as described in section	956
2108.75 of the Revised Code.	957

(B) Subject to division (A) of this section and sections	958
2108.75 and 2108.79 of the Revised Code, the right of disposition	959
is assigned to the following persons, if mentally competent adults	960
who can be located with reasonable effort, in the order of	961
priority stated:	962

(1) The deceased person's surviving spouse;

963

(2) The sole surviving child of the deceased person or, if	964
there is more than one surviving child, all of the surviving	965
children, collectively.	966

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

967

(4) The deceased person's surviving sibling, whether of the	968
whole or of the half blood or, if there is more than one sibling	969
of the whole or of the half blood, all of the surviving siblings,	970
collectively;	971

(5) The deceased person's surviving grandparent or	972
grandparents;	973

(6) The lineal descendants of the deceased person's	974
grandparents, as described in division (I) of section 2105.06 of	975
the Revised Code;	976

(7) The person who was the deceased person's guardian at the	977
time of the deceased person's death, if a guardian had been	978
appointed;	979

(8) Any other person willing to assume the right of	980
disposition, including the personal representative of the deceased	981
person's estate or the licensed funeral director with custody of	982
the deceased person's body, after attesting in writing that a good	983
faith effort has been made to locate the persons in divisions	984
(B)(1) to (7) of this section.	985

Sec. 2108.82.  (A) Notwithstanding section 2108.81 of the	986
Revised Code and in accordance with division (B) of this section,	987
the probate court for the county in which the declarant or	988
deceased person resided at the time of death may, on its own	989
motion or the motion of another person, assign to any person the	990
right of disposition for a declarant or deceased person.	991

(B) In making a determination for purposes of division (A) of	992
this section and division (C) of section 2108.79 of the Revised	993
Code, the court shall consider the following:	994

(1) Whether evidence presented to, or in the possession of	995
the court, demonstrates that the person who is the subject of the	996
motion and the declarant or deceased person had a close personal	997
relationship;	998

(2) The reasonableness and practicality of any plans that the	999
person who is the subject of the motion may have for the	1000
declarant's or deceased person's funeral, burial, cremation, or	1001
final disposition, including the degree to which such plans allow	1002
maximum participation by all persons who wish to pay their final	1003
respects to the deceased person;	1004

(3) The willingness of the person who is the subject of the	1005
motion to assume the responsibility to pay for the declarant's or	1006
deceased person's funeral, burial, cremation, or final disposition	1007
and the desires of that person;	1008

(4) The convenience and needs of other families and friends	1009
wishing to pay their final respects to the declarant or deceased	1010
person;	1011

(5) The express written desires of the declarant or deceased	1012
person.	1013

(C) Except to the extent considered under division (B)(3) of	1014
this section, the following persons do not have a greater claim to	1015
the right of disposition than such persons otherwise have pursuant	1016
to law:	1017

(1) A person who is willing to assume the responsibility to	1018
pay for the declarant's or deceased person's funeral, burial,	1019
cremation, or final disposition;	1020

(2) The personal representative of the declarant or deceased	1021
person.	1022

Sec. 2108.83.  In the event of a dispute regarding the right	1023
of disposition, a funeral home, funeral director, crematory	1024
operator, cemetery operator, cemetery organization, or other	1025
person asked to assist with a declarant's or deceased person's	1026
funeral, burial, cremation, or other manner of final disposition	1027
shall not be liable for damages of any kind for refusing to accept	1028
the remains, refusing to inter, cremate, or otherwise dispose of	1029
the remains, or refusing to complete funeral or other arrangements	1030
pertaining to final disposition until such funeral home, funeral	1031
director, crematory operator, cemetery operator, cemetery	1032
organization, or other person receives a court order or a written	1033
document that is executed by a person that the funeral home,	1034
funeral director, crematory operator, cemetery operator, cemetery	1035
organization, or other person reasonably believes has the right of	1036
disposition and that clearly expresses how the right of	1037
disposition is to be exercised.	1038

Sec. 2108.84.  If a funeral home, funeral director, crematory	1039
operator, or other person asked to assist with a declarant's or	1040
deceased person's funeral, burial, cremation, or other manner of	1041
final disposition is in possession of a declarant's or deceased	1042
person's remains while a dispute described in section 2108.83 of	1043
the Revised Code is pending, the funeral home, funeral director,	1044
crematory operator, or other person may embalm or refrigerate and	1045
shelter the remains to preserve them and may add the cost of	1046
embalming, refrigeration, and sheltering to the final disposition	1047
costs to be charged.	1048

Sec. 2108.85.  (A) If a funeral home, funeral director,	1049
crematory operator, cemetery operator, cemetery organization, or	1050
other person asked to assist with a declarant's or deceased	1051
person's funeral, burial, cremation, or other manner of final	1052
disposition brings a legal action for purposes of section 2108.83	1053
or 2108.84 of the Revised Code, the funeral home, funeral	1054
director, crematory operator, cemetery operator, cemetery	1055
organization, or other person may add to the costs the person	1056
charges for the goods and services the person provided the legal	1057
fees, if reasonable, and the court costs that the person incurred.	1058

(B) The right created by division (A) of this section shall	1059
neither be construed to require, nor impose a duty on, a funeral	1060
home, funeral director, crematory operator, cemetery operator,	1061
cemetery organization, or other person asked to assist with a	1062
declarant's or deceased person's funeral, burial, cremation, or	1063
other manner of final disposition, to bring a legal action and	1064
such person shall not be held criminally or civilly liable for not	1065
bringing an action.	1066

Sec. 2108.86.  (A) A funeral home, funeral director,	1067
crematory operator, cemetery operator, cemetery organization, or	1068
other person asked to assist with a declarant's funeral, burial,	1069
cremation, or other manner of final disposition has the right to	1070
rely on the content of a written declaration and the instructions	1071
of the person or group of persons whom the funeral home, funeral	1072
director, crematory operator, cemetery operator, cemetery	1073
organization, or other person reasonably believes has the right of	1074
disposition.	1075

(B) If the circumstances described in division (A) of section	1076
2108.81 of the Revised Code apply, a funeral home, funeral	1077
director, crematory operator, cemetery operator, cemetery	1078
organization, or other person asked to assist with a deceased	1079
person's funeral, burial, cremation, or other manner of final	1080
disposition has the right to rely on the instructions of the	1081
person or group of persons the funeral home, funeral director,	1082
crematory operator, cemetery operator, cemetery organization, or	1083
other person reasonably believes has the right of disposition	1084
pursuant to section 2108.81 of the Revised Code.	1085

(C) No funeral home, funeral director, crematory operator,	1086
cemetery operator, cemetery organization, or other person asked to	1087
assist with a deceased person's funeral, burial, cremation, or	1088
other manner of final disposition, who relies, pursuant to	1089
divisions (A) and (B) of this section, in good faith on the	1090
contents of a written declaration or the instructions of the	1091
person or group of persons the funeral home, funeral director,	1092
crematory operator, cemetery operator, cemetery organization, or	1093
other person reasonably believes has the right of disposition,	1094
shall be subject to criminal or civil liability or subject to	1095
disciplinary action for taking an action or not taking an action	1096
in reliance on such contents or instructions and for otherwise	1097
complying with sections 2108.70 to 2108.90 of the Revised Code.	1098

Sec. 2108.87.  (A) A funeral home, funeral director,	1099
crematory operator, cemetery operator, cemetery organization, or	1100
other person asked to assist with a deceased person's funeral,	1101
burial, cremation, or other manner of final disposition may	1102
independently investigate the existence of, or locate or contact,	1103
the following persons:	1104

(1) A representative or successor representative named in a	1105
written declaration;	1106

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

1107

(B) In no circumstances shall a funeral home, funeral	1108
director, crematory operator, cemetery operator, cemetery	1109
organization, or other person asked to assist with a deceased	1110
person's funeral, burial, cremation, or other manner of final	1111
disposition have a duty to independently investigate the existence	1112
of, or locate or contact, the persons described in division (A) of	1113
this section.	1114

Sec. 2108.88.  (A) A person to whom a declarant's or deceased	1115
person's right of disposition has been assigned or reassigned	1116
pursuant to section 2108.70 or 2108.81 of the Revised Code may	1117
decline to exercise the right or resign after beginning to	1118
exercise the right.	1119

(B) A person described in division (A) of this section who	1120
resigns after beginning to exercise the right shall be subject to	1121
section 2108.89 of the Revised Code.	1122

Sec. 2108.89.  The following persons shall be liable for the	1123
reasonable costs of any goods or services purchased in connection	1124
with the exercise of the right of disposition for a declarant or	1125
deceased person:	1126

(A) A representative or successor who assumes liability for	1127
the cost of such goods and services by signing a written	1128
declaration that states that such an assumption is made;	1129

(B) A person to whom the right of disposition is assigned	1130
pursuant to section 2108.81 of the Revised Code and who has	1131
purchased goods or services associated with an exercise of the	1132
right.	1133

Sec. 2108.90.  Pursuant to division (A) of section 2101.24 of	1134
the Revised Code, the probate court for the county in which the	1135
declarant or deceased person resided at the time of death or the	1136
county in which a living person whose post-death arrangements are	1137
the subject of dispute resides shall have exclusive jurisdiction	1138
over any action that results from sections 2108.70 to 2108.89 of	1139
the Revised Code.	1140

Sec. 2109.02.  Every fiduciary, before entering upon the	1141
execution of a trust, shall receive letters of appointment from a	1142
probate court having jurisdiction of the subject matter of the	1143
trust.	1144

The duties of a fiduciary shall be those required by law, and	1145
such additional duties as the court orders. Letters of appointment	1146
shall not issue until a fiduciary has executed a written	1147
acceptance of histhe fiduciary's duties, acknowledging that he	1148
the fiduciary is subject to removal for failure to perform histhe	1149
fiduciary's duties, and that hethe fiduciary is subject to	1150
possible penalties for conversion of property hethe fiduciary	1151
holds as a fiduciary. The written acceptance may be filed with the	1152
application for appointment.	1153

No act or transaction by a fiduciary is valid prior to the	1154
issuance of letters of appointment to himthe fiduciary. This	1155
section does not prevent an executor named in a will, or an	1156
executor nominated pursuant to a power as described in section	1157
2107.65 of the Revised Code, or a person with the right of	1158
disposition under section 2108.70 or 2108.81 of the Revised Code	1159
from paying funeral expenses, or prevent necessary acts for the	1160
preservation of the trust estate prior to the issuance of such	1161
letters.	1162

Sec. 2111.13.  (A) When a guardian is appointed to have the	1163
custody and maintenance of a ward, and to have charge of the	1164
education of the ward if the ward is a minor, the guardian's	1165
duties are as follows:	1166

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

1167

(2) To provide suitable maintenance for the ward when	1168
necessary, which shall be paid out of the estate of such ward upon	1169
the order of the guardian of the person;	1170

(3) To provide such maintenance and education for such ward	1171
as the amount of the ward's estate justifies when the ward is a	1172
minor and has no father or mother, or has a father or mother who	1173
fails to maintain or educate the ward, which shall be paid out of	1174
such ward's estate upon the order of the guardian of the person;	1175

(4) To obey all the orders and judgments of the probate court	1176
touching the guardianship.	1177

(B) Except as provided in section 2111.131 of the Revised	1178
Code, no part of the ward's estate shall be used for the support,	1179
maintenance, or education of such ward unless ordered and approved	1180
by the court.	1181

(C) A guardian of the person may authorize or approve the	1182
provision to the ward of medical, health, or other professional	1183
care, counsel, treatment, or services unless the ward or an	1184
interested party files objections with the probate court, or the	1185
court, by rule or order, provides otherwise.	1186

(D) AUnless a person with the right of disposition for a	1187
ward under section 2108.70 or 2108.81 of the Revised Code has made	1188
a decision regarding whether or not consent to an autopsy or	1189
post-mortem examination on the body of the deceased ward under	1190
section 2108.50 of the Revised Code shall be given, a guardian of	1191
the person of a ward who has died may consent to anthe autopsy or	1192
post-mortem examination upon the body of the deceased ward under	1193
section 2108.50 of the Revised Code and, if the.	1194

(E) If a deceased ward did not have a guardian of the estate	1195
and, the estate is not required to be administered by a probate	1196
court, and a person with the right of disposition for a ward, as	1197
described in section 2108.70 or 2108.81 of the Revised Code, has	1198
not made a decision regarding the disposition of the ward's body	1199
or remains, the guardian of the person of the ward may authorize	1200
the burial or cremation of the deceased ward. A	1201

(F) A guardian who gives consent or authorization as	1202
described in this divisiondivisions (D) and (E) of this section	1203
shall notify the probate court as soon as possible after giving	1204
the consent or authorization.	1205

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

1206

(1) "Financial institution" has the same meaning as in	1207
section 5725.01 of the Revised Code. "Financial institution" also	1208
includes a credit union and a fiduciary that is not a trust	1209
company but that does trust business.	1210

(2) "Funeral and burial expenses" means whichever of the	1211
following applies:	1212

(a) The funeral and burial expenses of the decedent that are	1213
included in the bill of a funeral director;	1214

(b) The funeral expenses of the decedent that are not	1215
included in the bill of a funeral director and that have been	1216
approved by the probate court;	1217

(c) The funeral and burial expenses of the decedent that are	1218
described in divisions (A)(2)(a) and (b) of this section.	1219

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

1220

(a) The surviving spouse of a decedent who died leaving the	1221
surviving spouse and no minor children;	1222

(b) The surviving spouse of a decedent who died leaving the	1223
surviving spouse and minor children, all of whom are children of	1224
the decedent and the surviving spouse.	1225

(B)(1) If the value of the assets of the decedent's estate	1226
does not exceed the lesser of twofive thousand dollars or the	1227
amount of the decedent's funeral and burial expenses, any person	1228
who is not a surviving spouse and who has paid or is obligated in	1229
writing to pay the decedent's funeral and burial expenses,	1230
including a person described in section 2108.89 of the Revised	1231
Code, may apply to the probate court for an order granting a	1232
summary release from administration in accordance with this	1233
section.	1234

(2) If either of the following applies, the decedent's	1235
surviving spouse may apply to the probate court for an order	1236
granting a summary release from administration in accordance with	1237
this section:	1238

(a) The decedent's funeral and burial expenses have been	1239
prepaid, and the value of the assets of the decedent's estate does	1240
not exceed the total of the following items:	1241

(i) The allowance for support that is made under division (A)	1242
of section 2106.13 of the Revised Code to the surviving spouse	1243
and, if applicable, to the decedent's minor children and that is	1244
distributable in accordance with division (B)(1) or (2) of that	1245
section;	1246

(ii) An amount, not exceeding twofive thousand dollars, for	1247
the decedent's funeral and burial expenses referred to in division	1248
(A)(2)(c) of this section.	1249

(b) The decedent's funeral and burial expenses have not been	1250
prepaid, the decedent's surviving spouse has paid or is obligated	1251
in writing to pay the decedent's funeral and burial expenses, and	1252
the value of the assets of the decedent's estate does not exceed	1253
the total of the items referred to in divisions (B)(2)(a)(i) and	1254
(ii) of this section.	1255

(C) A probate court shall order a summary release from	1256
administration in connection with a decedent's estate only if the	1257
court finds that all of the following are satisfied:	1258

(1) A person described in division (B)(1) of this section is	1259
the applicant for a summary release from administration, and the	1260
value of the assets of the decedent's estate does not exceed the	1261
lesser of twofive thousand dollars or the amount of the	1262
decedent's funeral and burial expenses, or the applicant for a	1263
summary release from administration is the decedent's surviving	1264
spouse, and the circumstances described in division (B)(2)(a) or	1265
(b) of this section apply.	1266

(2) The application for a summary release from administration	1267
does all of the following:	1268

(a) Describes all assets of the decedent's estate that are	1269
known to the applicant;	1270

(b) Is in the form that the supreme court prescribes pursuant	1271
to its powers of superintendence under Section 5 of Article IV,	1272
Ohio Constitution, and is consistent with the requirements of this	1273
division;	1274

(c) Has been signed and acknowledged by the applicant in the	1275
presence of a notary public or a deputy clerk of the probate	1276
court;	1277

(d) Sets forth the following information if the decedent's	1278
estate includes a described type of asset:	1279

(i) If the decedent's estate includes a motor vehicle, the	1280
motor vehicle's year, make, model, body type, manufacturer's	1281
vehicle identification number, certificate of title number, and	1282
date of death value;	1283

(ii) If the decedent's estate includes an account maintained	1284
by a financial institution, that institution's name and the	1285
account's complete identifying number and date of death balance;	1286

(iii) If the decedent's estate includes one or more shares of	1287
stock or bonds, the total number of the shares and bonds and their	1288
total date of death value and, for each share or bond, its serial	1289
number, the name of its issuer, its date of death value, and, if	1290
any, the name and address of its transfer agent.	1291

(3) The application for a summary release from administration	1292
is accompanied by all of the following that apply:	1293

(a) A receipt, contract, written declaration as defined in	1294
section 2108.70 of the Revised Code, or other document that	1295
confirms the applicant's payment or obligation to pay the	1296
decedent's funeral and burial expenses or, if applicable in the	1297
case of the decedent's surviving spouse, the prepayment of the	1298
decedent's funeral and burial expenses;	1299

(b) An application for a certificate of transfer as described	1300
in section 2113.61 of the Revised Code, if an interest in real	1301
property is included in the assets of the decedent's estate;	1302

(c) The fee required by division (A)(59) of section 2101.16	1303
of the Revised Code.	1304

(4) At the time of its determination on the application,	1305
there are no pending proceedings for the administration of the	1306
decedent's estate and no pending proceedings for relief of the	1307
decedent's estate from administration under section 2113.03 of the	1308
Revised Code.	1309

(5) At the time of its determination on the application,	1310
there are no known assets of the decedent's estate other than the	1311
assets described in the application.	1312

(D) If the probate court determines that the requirements of	1313
division (C) of this section are satisfied, the probate court	1314
shall issue an order that grants a summary release from	1315
administration in connection with the decedent's estate. The order	1316
has, and shall specify that it has, all of the following effects:	1317

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

1318

(2) It directs the delivery to the applicant of the	1319
decedent's personal property together with the title to that	1320
property.	1321

(3) It directs the transfer to the applicant of the title to	1322
any interests in real property included in the decedent's estate.	1323

(4) It eliminates the need for a financial institution,	1324
corporation, or other entity or person referred to in any	1325
provision of divisions (A) to (F) of section 5731.39 of the	1326
Revised Code to obtain, as otherwise would be required by any of	1327
those divisions, the written consent of the tax commissioner prior	1328
to the delivery, transfer, or payment to the applicant of an asset	1329
of the decedent's estate.	1330

(E) A certified copy of an order that grants a summary	1331
release from administration together with a certified copy of the	1332
application for that order constitutes sufficient authority for a	1333
financial institution, corporation, or other entity or person	1334
referred to in divisions (A) to (F) of section 5731.39 of the	1335
Revised Code or for a clerk of a court of common pleas to transfer	1336
title to an asset of the decedent's estate to the applicant for	1337
the summary release from administration.	1338

(F) This section does not affect the ability of qualified	1339
persons to file an application to relieve an estate from	1340
administration under section 2113.03 of the Revised Code or to	1341
file an application for the grant of letters testamentary or	1342
letters of administration in connection with the decedent's	1343
estate.	1344

Sec. 2113.37.  The probate court, in settlement of an	1345
executor's or administrator's account, may allow as a credit to	1346
the executor or administratorthe following persons a just amount	1347
expended by himthe person for a tombstone or monument for the	1348
deceased and a just amount paid by himthe person to a cemetery	1349
association or corporation as a perpetual fund for caring for and	1350
preserving the lot on which the deceased is buried. It:	1351

(A) An executor;

1352

(B) An administrator;

1353

(C) A person with the right of disposition under section	1354
2108.70 or 2108.81 of the Revised Code.	1355

It is not incumbent on an executor or administratorsuch a	1356
person to procure a tombstone or monument or to pay any sum into	1357
such fund.	1358

Sec. 2117.25. (A) Every executor or administrator shall	1359
proceed with diligence to pay the debts of the decedent and shall	1360
apply the assets in the following order:	1361

(1) Costs and expenses of administration;

1362

(2) An amount, not exceeding twofour thousand dollars, for	1363
funeral expenses that are included in the bill of a funeral	1364
director, funeral expenses other than those in the bill of a	1365
funeral director that are approved by the probate court, and an	1366
amount, not exceeding twothree thousand dollars, for burial and	1367
cemetery expenses, including that portion of the funeral	1368
director's bill allocated to cemetery expenses that have been paid	1369
to the cemetery by the funeral director.	1370

For purposes of this division, burial and cemetery expenses	1371
shall be limited to the following:	1372

(a) The purchase of a placeright of interment;

1373

(b) Monuments or other markers;

1374

(c) The outer burial container;

1375

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

1376

(e) The urn.

1377

(3) The allowance for support made to the surviving spouse,	1378
minor children, or both under section 2106.13 of the Revised Code;	1379

(4) Debts entitled to a preference under the laws of the	1380
United States;	1381

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

1382

(6) If the total bill of a funeral director for funeral	1383
expenses exceeds twofour thousand dollars, then, in addition to	1384
the amount described in division (A)(2) of this section, an	1385
amount, not exceeding onetwo thousand dollars, for funeral	1386
expenses that are included in the bill and that exceed twofour	1387
thousand dollars;	1388

(7) Personal property taxes, claims made under the estate	1389
recovery program instituted pursuant to section 5111.11 of the	1390
Revised Code, and obligations for which the decedent was	1391
personally liable to the state or any of its subdivisions;	1392

(8) Debts for manual labor performed for the decedent within	1393
twelve months preceding the decedent's death, not exceeding three	1394
hundred dollars to any one person;	1395

(9) Other debts for which claims have been presented and	1396
finally allowed.	1397

(B) The part of the bill of a funeral director that exceeds	1398
the total of threesix thousand dollars as described in divisions	1399
(A)(2) and (6) of this section, and the part of a claim included	1400
in division (A)(8) of this section that exceeds three hundred	1401
dollars shall be included as a debt under division (A)(9) of this	1402
section, depending upon the time when the claim for the additional	1403
amount is presented.	1404

(C) Any natural person or fiduciary who pays a claim of any	1405
creditor described in division (A) of this section shall be	1406
subrogated to the rights of that creditor proportionate to the	1407
amount of the payment and shall be entitled to reimbursement for	1408
that amount in accordance with the priority of payments set forth	1409
in that division.	1410

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	1411
to the manner in which and the time within which claims shall be	1412
presented, shall apply to claims set forth in divisions (A)(2),	1413
(6), and (8) of this section. Claims for an expense of	1414
administration or for the allowance for support need not be	1415
presented. The executor or administrator shall pay debts included	1416
in divisions (A)(4) and (7) of this section, of which the executor	1417
or administrator has knowledge, regardless of presentation.	1418

(2) The giving of written notice to an executor or	1419
administrator of a motion or application to revive an action	1420
pending against the decedent at the date of death shall be	1421
equivalent to the presentation of a claim to the executor or	1422
administrator for the purpose of determining the order of payment	1423
of any judgment rendered or decree entered in such an action.	1424

(E) No payments shall be made to creditors of one class until	1425
all those of the preceding class are fully paid or provided for.	1426
If the assets are insufficient to pay all the claims of one class,	1427
the creditors of that class shall be paid ratably.	1428

(F) If it appears at any time that the assets have been	1429
exhausted in paying prior or preferred charges, allowances, or	1430
claims, those payments shall be a bar to an action on any claim	1431
not entitled to that priority or preference.	1432

Sec. 2117.251. A claim under the bill of a funeral director	1433
pursuant to section 2117.25 of the Revised Code arises subsequent	1434
to the death of the decedent and is not in satisfaction of a	1435
personal obligation of the individual during the individual's	1436
lifetime. If a decedent during the decedent's lifetime has	1437
purchased an irrevocable preneed funeral contract pursuant to	1438
section 1111.19 of the Revised Code, then those provisions of	1439
section 2117.25 of the Revised Code that relate to the bill of a	1440
funeral director, including divisions (A) and (B) of that section,	1441
do not apply to the estate of the decedent and the estate is not	1442
liable for the funeral expenses of the decedent.	1443

Sec. 4511.451.  (A) As used in this section, "funeral	1444
procession" means two or more vehicles accompanying the cremated	1445
remains or the body of a deceased person in the daytime when each	1446
of the vehicles has its headlights lighted and is displaying a	1447
purple and white or an orange and white pennant attached to each	1448
vehicle in such a manner as to be clearly visible to traffic	1449
approaching from any direction.	1450

(B) Excepting public safety vehicles proceeding in accordance	1451
with section 4511.45 of the Revised Code or when directed	1452
otherwise by a police officer, pedestrians and the operators of	1453
all vehicles, street cars, and trackless trolleys shall yield the	1454
right of way to each vehicle that is a part of a funeral	1455
procession. Whenever the lead vehicle in a funeral procession	1456
lawfully enters an intersection, the remainder of the vehicles in	1457
the procession may continue to follow the lead vehicle through the	1458
intersection notwithstanding any traffic control devices or right	1459
of way provisions of the Revised Code, provided that the operator	1460
of each vehicle exercises due care to avoid colliding with any	1461
other vehicle or pedestrian.	1462

(C) No person shall operate any vehicle as a part of a	1463
funeral procession without having the headlights of the vehicle	1464
lighted and without displaying a purple and white or an orange and	1465
white pennant in such a manner as to be clearly visible to traffic	1466
approaching from any direction.	1467

(C)(D) Except as otherwise provided in this division, whoever	1468
violates this section is guilty of a minor misdemeanor. If, within	1469
one year of the offense, the offender previously has been	1470
convicted of or pleaded guilty to one predicate motor vehicle or	1471
traffic offense, whoever violates this section is guilty of a	1472
misdemeanor of the fourth degree. If, within one year of the	1473
offense, the offender previously has been convicted of two or more	1474
predicate motor vehicle or traffic offenses, whoever violates this	1475
section is guilty of a misdemeanor of the third degree.	1476

Sec. 4717.21.  (A) Any person, on an antemortem basis, may	1477
serve as the person's own authorizing agent, authorize the	1478
person's own cremation, and specify the arrangements for the final	1479
disposition of the person's own cremated remains by executing an	1480
antemortem cremation authorization form. A guardian, custodian, or	1481
other personal representative who is authorized by law or contract	1482
to do so on behalf of a person, on an antemortem basis, may	1483
authorize the cremation of the person and specify the arrangements	1484
for the final disposition of the person's cremated remains by	1485
executing an antemortem cremation authorization form on the	1486
person's behalf. Any such antemortem cremation authorization form	1487
also shall be signed by one witness. The original copy of the	1488
executed authorization form shall be sent to the operator of the	1489
crematory facility being authorized to conduct the cremation, and	1490
a copy shall be retained by the person who executed the	1491
authorization form. The person who executed an antemortem	1492
cremation authorization form may revoke the authorization at any	1493
time by providing written notice of the revocation to the operator	1494
of the crematory facility named in the authorization form. The	1495
person who executed the authorization form may transfer the	1496
authorization to another crematory facility by providing written	1497
notice to the operator of the crematory facility named in the	1498
original authorization of the revocation of the authorization and,	1499
in accordance with this division, executing a new antemortem	1500
cremation authorization form authorizing the operator of another	1501
crematory facility to conduct the cremation.	1502

(B)(1) Each antemortem cremation authorization form shall	1503
specify the final disposition that is to be made of the cremated	1504
remains.	1505

(2) Every antemortem cremation authorization form entered	1506
into on or after the effective date of this amendment shall	1507
specify the final disposition that is to be made of the remains	1508
and shall include a provision in substantially the following form:	1509

NOTICE: Upon the death of the person who is the subject of	1510
this antemortem cremation authorization, the person holding the	1511
right of disposition under section 2108.70 or 2108.81 of the	1512
Revised Code may cancel the cremation arrangements, modify the	1513
arrangements for the final disposition of the cremated remains, or	1514
make alternative arrangements for the final disposition of the	1515
decedent's body. However, the person executing this antemortem	1516
cremation authorization is encouraged to state his or her	1517
preferences as to the manner of final disposition in a declaration	1518
of the right of disposition pursuant to section 2108.72 of the	1519
Revised Code, including that the arrangements set forth in this	1520
form shall be followed.	1521

(C) When(1) Except as provided in division (C)(2) of this	1522
section, when the operator of a crematory facility is in	1523
possession of a cremation authorization form that has been	1524
executed on an antemortem basis in accordance with this section,	1525
the other conditions set forth in division (A) of section 4717.23	1526
of the Revised Code have been met, the crematory facility has	1527
possession of the decedent to which the antemortem authorization	1528
pertains, and the crematory facility has received payment for the	1529
cremation of the decedent and the final disposition of the	1530
cremated remains of the decedent or is otherwise assured of	1531
payment for those services, the crematory facility shall cremate	1532
the decedent and dispose of the cremated remains in accordance	1533
with the instructions contained in the antemortem cremation	1534
authorization form, unless a person identified as being entitled	1535
to act as the authorizing agent for the cremation of the decedent	1536
in the absence of the antemortem authorization under divisions	1537
(A)(1) or (A)(4) to (8) of section 4717.22 of the Revised Code has	1538
modified, in writing, the arrangements for the final disposition	1539
of the cremated remains of the decedent or has canceled the	1540
cremation and made alternative arrangements for the final	1541
disposition of the decedent's body.	1542

(2) A person with the right of disposition for a decedent	1543
under section 2108.70 of the Revised Code who is not disqualified	1544
under section 2108.75 of the Revised Code may cancel the	1545
arrangements for the decedent's cremation, modify the arrangements	1546
for the final disposition of the decedent's cremated remains, or	1547
make alternative arrangements for the final disposition of the	1548
decedent's body. If a person with the right takes any such action,	1549
the operator shall disregard the instructions contained in the	1550
cremation authorization form and follow the instructions of the	1551
person with the right.	1552

(D) An antemortem cremation authorization form executed under	1553
division (A) of this section does not constitute a contract for	1554
conducting the cremation of the person named in the authorization	1555
form or for the final disposition of the person's cremated	1556
remains. Despite the existence of such an antemortem cremation	1557
authorization, a person identified under divisions (A)(1) or	1558
(A)(4) to (8)division (A) of section 4717.22 of the Revised Code	1559
as being entitled to act as the authorizing agent for the	1560
cremation of the decedent named in the antemortem authorization,	1561
in the descending order of priority in which they are listed, may	1562
modify, in writing, the arrangements for the final disposition of	1563
the cremated remains of the decedent set forth in the	1564
authorization form or may cancel the cremation and claim the	1565
decedent's body for purposes of making alternative arrangements	1566
for the final disposition of the decedent's body. The revocation	1567
of an antemortem cremation authorization form executed under	1568
division (A) of this section, or the cancellation of the cremation	1569
of the person named in the antemortem authorization or	1570
modification of the arrangements for the final disposition of the	1571
person's cremated remains as authorized by this division, does not	1572
affect the validity or enforceability of any contract entered into	1573
for the cremation of the person named in the antemortem	1574
authorization or for the final disposition of the person's	1575
cremated remains.	1576

(E) Nothing in this section applies to any antemortem	1577
cremation authorization form executed prior to the effective date	1578
of this section. Any cemetery, funeral home, crematory facility,	1579
or other party may specify, with the written approval of the	1580
person who executed the antemortem authorization, that such an	1581
antemortem authorization is subject to sections 4717.21 to 4717.30	1582
of the Revised Code.	1583

Sec. 4717.22.  (A) The following persons, in the descending	1584
order of priority listed below,person who has the right of	1585
disposition under section 2108.70 or 2108.81 of the Revised Code	1586
may serve as an authorizing agent for the cremation of a dead	1587
human body, including, without limitation, a dead human body that	1588
was donated to science for purposes of medical education or	1589
research:	1590

(1) The spouse of the decedent at the time of the decedent's	1591
death;	1592

(2) Any person acting on the instructions of a decedent who	1593
authorized the decedent's own cremation by executing an antemortem	1594
cremation authorization form in accordance with section 4717.21 of	1595
the Revised Code;	1596

(3) A person serving as the executor or legal representative	1597
of the decedent's estate who is acting in accordance with the	1598
decedent's written instructions for the final disposition of the	1599
decedent's body;	1600

(4) The decedent's surviving adult children. If the decedent	1601
is survived by more than one adult child, any of them who states	1602
on the cremation authorization form authorizing the cremation of	1603
the decedent executed in accordance with section 4717.24 of the	1604
Revised Code that all of the decedent's other adult children have	1605
been notified of the decedent's death and of the plans to cremate	1606
the decedent and that none of them have expressed an objection to	1607
the cremation may serve as the authorizing agent.	1608

(5) The decedent's surviving parent or, if the decedent was	1609
under eighteen years of age at death, a surviving parent or the	1610
guardian or custodian of the decedent. If the decedent is survived	1611
by both parents, either of them may serve as the authorizing agent	1612
by stating on the cremation authorization form authorizing the	1613
cremation of the decedent executed in accordance with section	1614
4717.24 of the Revised Code that the other parent has been	1615
notified of the decedent's death and of the plans to cremate the	1616
decedent and that the other parent expressed no objection to the	1617
cremation.	1618

(6) The person in the next degree of kinship to the decedent	1619
in the order named in section 2105.06 of the Revised Code to	1620
inherit the estate of the decedent if the decedent had died	1621
intestate. If there is more than one person of that degree of	1622
kinship, any of them may serve as the authorizing agent.	1623

(7) If the decedent was an indigent person or other person	1624
the final disposition of whose body is the responsibility of this	1625
state or a political subdivision of this state, the public officer	1626
or employee responsible for arranging the final disposition of the	1627
decedent's body;	1628

(8) In the case of an individual who has donated the	1629
individual's body to science for purposes of medical education or	1630
research, or whose death occurred in a nursing home, rest home, or	1631
home for the aging licensed under Chapter 3721. of the Revised	1632
Code, an adult care facility licensed under Chapter 3722. of the	1633
Revised Code, or a hospital registered under section 3701.07 of	1634
the Revised Code, and who has executed an antemortem cremation	1635
authorization form in accordance with section 4717.21 of the	1636
Revised Code in which the medical education or research facility,	1637
nursing home, rest home, home for the aging, adult care facility,	1638
or hospital is designated to make arrangements for the final	1639
disposition of the decedent's body, a representative of that	1640
facility or institution;	1641

(9) In the absence of any of the parties named in divisions	1642
(A)(1) to (8) of this section, any person willing to assume the	1643
responsibility of an authorizing agent under sections 4717.23 to	1644
4717.30 of the Revised Code.	1645

(B) If body parts were removed from a living person, the	1646
person from whom the body parts were removed or the guardian,	1647
custodian, or other personal representative of the person from	1648
whom the body parts were removed who is authorized by law or	1649
contract to arrange for the disposition of the body partsthe	1650
person who has the right of disposition under section 2108.70 or	1651
2108.81 of the Revised Code may serve as the authorizing agent for	1652
the cremation of the body parts.	1653

(C) If body parts were removed from a decedent whose body was	1654
donated to science for purposes of medical education or research,	1655
the person who has the right of disposition under section 2108.70	1656
or 2108.81 of the Revised Code may serve as the authorizing agent	1657
for the cremation of the body parts. In the absence of any action	1658
by the person with the right of disposition with respect to the	1659
cremation of such body parts, the medical education or research	1660
facility to which the decedent's body was donated may serve as the	1661
authorizing agent for the cremation of the bodysuch parts.	1662

Section 2.  That existing sections 1111.19, 1721.211,	1663
2101.24, 2106.20, 2108.50, 2109.02, 2111.13, 2113.031, 2113.37,	1664
2117.25, 4511.451, 4717.21, and 4717.22 of the Revised Code are	1665
hereby repealed.	1666

Section 3.  Section 4511.451 of the Revised Code is presented	1667
in this act as a composite of the section as amended by both Sub.	1668
H.B. 322 and Am. Sub. S.B. 123 of the 124th General Assembly. The	1669
General Assembly, applying the principle stated in division (B) of	1670
section 1.52 of the Revised Code that amendments are to be	1671
harmonized if reasonably capable of simultaneous operation, finds	1672
that the composite is the resulting version of the section in	1673
effect prior to the effective date of the section as presented in	1674
this act.	1675