H. B. No. 449 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 449

Representative Ujvagi

Cosponsor: Representative Yuko

A BILL

To amend sections 2108.72 and 2108.73 of the Revised

Code to allow a DD Form 93, Record of Emergency

Data, to satisfy the written declaration

requirements for designating a person authorized

to direct disposition of human remains.

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

Section 1. That sections 2108.72 and 2108.73 of the Revised	6
Code be amended to read as follows:	7

Sec. 2108.72. (A) The written declaration described in	8
section 2108.70 of the Revised Code shall include all of the	9
following:	10

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

(2) A statement that the declarant, an adult being of sound	12
mind, willfully and voluntarily appoints a representative to have	13
the declarant's right of disposition for the declarant's body upon	14
the declarant's death;	15

(3) A statement that all decisions made by the declarant's	16
representative with respect to the right of disposition are	17
binding;	18

(4) The name, last known address, and last known telephone	19
number of the representative or, if the representative is a group	20
of persons, the name, last known address, and last known telephone	21
number of each person in the group;	22

(5) If the declarant chooses to have a successor	23
representative, a statement that if any person or group of persons	24
named as the declarant's representative is disqualified from	25
serving in such position as described in section 2108.75 of the	26
Revised Code, the declarant appoints a successor representative;	27

(6) If applicable, the name, last known address, and last	28
known telephone number of the successor representative or, if the	29
successor representative is a group of persons, the name, last	30
known address, and last known telephone number of each person in	31
the group;	32

(7) A space where the declarant may indicate the declarant's	33
preferences regarding how the right of disposition should be	34
exercised, including any religious observances the declarant	35
wishes the person with the right of disposition to consider;	36

(8) A space where the declarant may indicate one or more	37
sources of funds that may be used to pay for goods and services	38
associated with the exercise of the right of disposition;	39

(9) A statement that the declarant's written declaration	40
becomes effective on the declarant's death;	41

(10) A statement that the declarant revokes any written	42
declaration that the declarant executed, in accordance with	43
section 2108.70 of the Revised Code, prior to the execution of the	44
present written declaration.;	45

(11) A space where the declarant can sign and date the	46
written declaration;	47

(12) A space where a notary public or two witnesses can sign	48
and date the written declaration as described in section 2108.73	49
of the Revised Code.	50

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

APPOINTMENT OF REPRESENTATIVE FOR DISPOSITION OF BODILY	52
REMAINS, FUNERAL ARRANGEMENTS, AND BURIAL OR CREMATION GOODS AND	53
SERVICES:	54

I, ................. (legal name and present address of	55
declarant), an adult being of sound mind, willfully and	56
voluntarily appoint my representative, named below, to have the	57
right of disposition, as defined in section 2108.70 of the Revised	58
Code, for my body upon my death. All decisions made by my	59
representative with respect to the right of disposition shall be	60
binding.	61

REPRESENTATIVE:

(If the representative is a group of persons, indicate the	63
name, last known address, and telephone number of each person in	64
the group.)	65

	Name(s):				66
	Address(es):				67
	Telephone Number(s):				68

SUCCESSOR REPRESENTATIVE:

If my representative is disqualified from serving as my	70
representative as described in section 2108.75 of the Revised	71
Code, then I hereby appoint the following person or group of	72
persons to serve as my successor representative.	73

(If the successor representative is a group of persons,	74
indicate the name, last known address, and telephone number of	75
each person in the group.)	76

	Name(s):				77
	Address(es):				78
	Telephone Number(s):				79

PREFERENCES REGARDING HOW THE RIGHT OF DISPOSITION SHOULD BE	80
EXERCISED, INCLUDING ANY RELIGIOUS OBSERVANCES THE DECLARANT	81
WISHES A REPRESENTATIVE OR A SUCCESSOR REPRESENTATIVE TO CONSIDER:	82

			83
	84
	85
	86

ONE OR MORE SOURCES OF FUNDS THAT COULD BE USED TO PAY FOR	87
GOODS AND SERVICES ASSOCIATED WITH AN EXERCISE OF THE RIGHT OF	88
DISPOSITION:	89

			90
	91
	92
	93

DURATION:

The appointment of my representative and, if applicable,	95
successor representative, becomes effective upon my death.	96

PRIOR APPOINTMENTS REVOKED:

I hereby revoke any written declaration that I executed in	98
accordance with section 2108.70 of the Ohio Revised Code prior to	99
the date of execution of this written declaration indicated below.	100

AUTHORIZATION TO ACT:

101

I hereby agree that any of the following that receives a copy	102
of this written declaration may act under it:	103

- Cemetery organization;

104

- Crematory operator;

105

- Business operating a columbarium;

106

- Funeral director;

107

- Embalmer;

108

- Funeral home;

109

- Any other person asked to assist with my funeral, burial,	110
cremation, or other manner of final disposition.	111

MODIFICATION AND REVOCATION - WHEN EFFECTIVE:

112

Any modification or revocation of this written declaration is	113
not effective as to any party until that party receives actual	114
notice of the modification or revocation.	115

LIABILITY:

116

No person who acts in accordance with a properly executed	117
copy of this written declaration shall be liable for damages of	118
any kind associated with the person's reliance on this	119
declaration.	120

	Signed this ...... day of .......		121
			122
	(Signature of declarant)		123

ACKNOWLEDGMENT OF ASSUMPTION OF OBLIGATIONS AND COSTS:

124

By signing below, the representative, or successor	125
representative, if applicable, acknowledges that he or she, as	126
representative or successor representative, assumes the right of	127
disposition as defined in section 2108.70 of the Revised Code, and	128
understands that he or she is liable for the reasonable costs of	129
exercising the right, including any goods and services that are	130
purchased.	131

ACCEPTANCE (OPTIONAL):

132

The undersigned hereby accepts this appointment as	133
representative or successor representative, as applicable, for the	134
right of disposition as defined in section 2108.70 of the Revised	135
Code.	136

	Signed this ...... day of .......		137
			138
	Signature of representative (if representative is a group of persons, each person in the group shall sign)		139
	Signed this ...... day of .......		140
			141
	Signature of successor representative (if successor representative is a group of persons, each person in the group shall sign)		142

WITNESSES:

143

I attest that the declarant signed or acknowledged this	144
assignment of the right of disposition under section 2108.70 of	145
the Revised Code in my presence and that the declarant is at least	146
eighteen years of age and appears to be of sound mind and not	147
under or subject to duress, fraud, or undue influence. I further	148
attest that I am not the declarant's representative or successor	149
representative, I am at least eighteen years of age, and I am not	150
related to the declarant by blood, marriage, or adoption.	151

First witness:		152
Name (printed):		153
	Residing at:	154
Signature:		155
		156
Date:		157
		158
Second witness:		159
Name (printed):		160
	Residing at:	161
Signature:		162
		163
Date:		164
		165

OR	166

NOTARY ACKNOWLEDGMENT:

167

State of Ohio

168

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

169

On ..............., before me, the undersigned notary public,	170
personally appeared ................., known to me or	171
satisfactorily proven to be the person whose name is subscribed as	172
the declarant, and who has acknowledged that he or she executed	173
this written declaration under section 2108.70 of the Revised Code	174
for the purposes expressed in that section. I attest that the	175
declarant is at least eighteen years of age and appears to be of	176
sound mind and not under or subject to duress, fraud, or undue	177
influence.	178

	Signature of notary public		179
			180
	My commission expires on:		181
			182

(C) Completion of a DD Form 93, Record of Emergency Data, is	183
sufficient to constitute a written declaration under section	184
2108.70 of the Revised Code.	185

Sec. 2108.73. A written declaration executed by a declarant	186
under section 2108.70 of the Revised Code shall be signed and	187
dated by the declarant in the presence of ~~either~~one of the	188
following:	189

(A) A notary public who shall make the certification	190
described in section 147.53 of the Revised Code.	191

(B) Two witnesses who are adults and who are not related by	192
blood, marriage, or adoption to the declarant.	193

(C) If the written declaration is a DD Form 93, Record of	194
Emergency Data, by whomever the form requires.	195

Section 2. That existing sections 2108.72 and 2108.73 of the	196
Revised Code are hereby repealed.	197