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H. B. No. 426 As Introduced
As Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Dolan, Chandler, Yuko, Fessler, Wagoner, Reidelbach, McGregor, J.
A BILL
To amend sections 2101.24, 2106.20, 2108.50, 2109.02, 2111.13, 2113.031, 2113.37, 2117.25, 4717.21, and 4717.22 and to enact sections 517.231, 2108.70 to 2108.79, 2108.81 to 2108.92, and 2117.251 of the Revised Code regarding the assignment of the right to direct the disposition of an adult's remains after death and to make arrangements and purchase goods and services related to an adult's funeral, cremation, burial, or other manner of final disposition.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 2101.24, 2106.20, 2108.50, 2109.02, 2111.13, 2113.031, 2113.37, 2117.25, 4717.21, and 4717.22 be amended and sections 517.231, 2108.70, 2108.71, 2108.72, 2108.73, 2108.74, 2108.75, 2108.76, 2108.77, 2108.78, 2108.79, 2108.81, 2108.82, 2108.83, 2108.84, 2108.85, 2108.86, 2108.87, 2108.88, 2108.89, 2108.90, 2108.91, 2108.92, and 2117.251 of the Revised Code be enacted to read as follows:
Sec. 517.231. As used in this section, "right of disposition" has the same meaning as in section 2108.70 of the Revised Code.
(A) The location, manner, and conditions under which a body is reinterred after being disinterred pursuant to section 517.23 of the Revised Code shall not be inconsistent with the original exercise of the right of disposition by the person with the right under section 2108.70 or 2108.83 of the Revised Code unless the person with the right authorizes, in writing, a modification from the original exercise of the right.
(B) The person who applied to have the body disinterred shall pay the costs of reinterment.
Sec. 2101.24. (A)(1) Except as otherwise provided by law,
the probate court has exclusive jurisdiction: (a) To take the proof of wills and to admit to record
authenticated copies of wills executed, proved, and allowed in
the courts of any other state, territory, or country. If the
probate judge is unavoidably absent, any judge of the court of
common pleas may take proof of wills and approve bonds to be
given, but the record of these acts shall be preserved in the
usual records of the probate court. (b) To grant and revoke letters testamentary and of
administration; (c) To direct and control the conduct and settle the
accounts of executors and administrators and order the
distribution of estates; (d) To appoint the attorney general to serve as the administrator of an
estate pursuant to section 2113.06 of the Revised Code; (e) To appoint and remove guardians, conservators, and
testamentary trustees, direct and control their conduct, and
settle their accounts; (f) To grant marriage licenses; (g) To make inquests respecting persons who are so
mentally impaired as a result of a mental or physical illness or
disability, or mental retardation, or as a result of chronic
substance abuse, that they are unable to manage their property
and affairs effectively, subject to guardianship; (h) To qualify assignees, appoint and qualify trustees and
commissioners of insolvents, control their conduct, and settle
their accounts; (i) To authorize the sale of lands, equitable estates, or
interests in lands or equitable estates, and the assignments of
inchoate dower in such cases of sale, on petition by executors,
administrators, and guardians; (j) To authorize the completion of real estate contracts
on petition of executors and administrators; (l) To render declaratory judgments, including, but not
limited to, those rendered pursuant to section 2107.084 of the
Revised Code; (m) To direct and control the conduct of fiduciaries and
settle their accounts; (n) To authorize the sale or lease of any estate created
by will if the estate is held in trust, on petition by the
trustee; (o) To terminate a testamentary trust in any case in which
a court of equity may do so; (p) To hear and determine actions to contest the validity
of wills; (q) To make a determination of the presumption of death of
missing persons and to adjudicate the property rights and
obligations of all parties affected by the presumption; (r) To hear and determine an action commenced pursuant to
section 3107.41 of the Revised Code to obtain the release of
information pertaining to the birth name of the adopted person
and the identity of the adopted person's biological parents
and biological
siblings; (s) To act for and issue orders regarding wards pursuant
to section 2111.50 of the Revised Code; (t) To hear and determine actions against sureties on the
bonds of fiduciaries appointed by the probate court; (u) To hear and determine actions involving informed
consent for medication of persons hospitalized pursuant to
section 5122.141 or 5122.15 of the Revised Code; (v) To hear and determine actions relating to durable
powers of attorney for health care as described in division (D)
of section 1337.16 of the Revised Code; (w) To hear and determine actions commenced by objecting
individuals, in accordance with section 2133.05 of the Revised
Code; (x) To hear and determine complaints that pertain to the
use or continuation, or the withholding or withdrawal, of
life-sustaining treatment in connection with certain patients
allegedly in a terminal condition or in a permanently unconscious
state pursuant to division (E) of section 2133.08 of the Revised
Code, in accordance with that division; (y) To hear and determine applications that pertain to the
withholding or withdrawal of nutrition and hydration from certain
patients allegedly in a permanently unconscious state pursuant to
section 2133.09 of the Revised Code, in accordance with that
section; (z) To hear and determine applications of attending
physicians in accordance with division (B) of section 2133.15 of
the Revised Code; (aa) To hear and determine actions relative to the use or
continuation of comfort care in connection with certain
principals under durable powers of attorney for health care,
declarants under declarations, or patients in accordance with
division (E) of either section 1337.16 or 2133.12 of the Revised
Code; (bb) To hear and determine applications for an order relieving an
estate from administration under section 2113.03 of the Revised Code; (cc) To hear and determine applications for an order granting a
summary release from administration under section 2113.031 of the Revised Code.;
(dd) To hear and determine actions relating to the exercise of the right of disposition, in accordance with section 2108.92 of the Revised Code; (ee) To hear and determine actions relating to the disinterment and reinterment of human remains under sections 517.23 and 517.231 of the Revised Code. (2) In addition to the exclusive jurisdiction conferred
upon the probate court by division (A)(1) of this section, the
probate court shall have exclusive jurisdiction over a particular
subject matter if both of the following apply: (a) Another section of the Revised Code expressly confers
jurisdiction over that subject matter upon the probate court. (b) No section of the Revised Code expressly confers
jurisdiction over that subject matter upon any other court or
agency. (B)(1) The probate court has concurrent jurisdiction with,
and the same powers at law and in equity as, the general division
of the court of common pleas to issue writs and orders, and to
hear and determine actions as follows: (a) If jurisdiction relative to a particular subject
matter is stated to be concurrent in a section of the Revised
Code or has been construed by judicial decision to be concurrent,
any action that involves that subject matter; (b) Any action that involves an inter vivos trust; a trust
created pursuant to section 1339.51 of the Revised Code; a
charitable trust or foundation; subject to divisions (A)(1)(u)
and (z) of this section, a power of attorney, including, but not
limited to, a durable power of attorney; the medical treatment of
a competent adult; or a writ of habeas corpus. (2) Any action that involves a concurrent jurisdiction
subject matter and that is before the probate court may be
transferred by the probate court, on its order, to the general
division of the court of common pleas. (C) The probate court has plenary power at law and in
equity to dispose fully of any matter that is properly before the
court, unless the power is expressly otherwise limited or denied
by a section of the Revised Code. (D) The jurisdiction acquired by a probate court over a
matter or proceeding is exclusive of that of any other probate
court, except when otherwise provided by law.
Sec. 2106.20. A surviving spouse or a person with the right of disposition under section 2108.70 or 2108.83 of the Revised Code is entitled to a reimbursement from the
estate of the deceased spouse decedent for funeral expenses, if paid by the surviving
spouse or person with the right of disposition, to the extent that the rights of other creditors of the estate will
not be prejudiced by the reimbursement.
Sec. 2108.50. (A) Subject to section 2108.521 of the Revised Code, an autopsy or post-mortem examination may be
performed upon the body of a deceased person by a licensed
physician or surgeon if consent has been given in the order named
by one of the following persons of sound mind and eighteen years
of age or older in a written instrument executed by the
person or on the person's
behalf at the person's express direction: (1) The deceased person during the deceased
person's lifetime;
(2) The decedent's spouse;
(3) If there is no surviving spouse, if the address of the
surviving spouse is unknown or outside the United States, if the
surviving spouse is physically or mentally unable or incapable of
giving consent, or if the deceased person was separated and
living apart from such surviving spouse, then a person having the
first named degree of relationship in the following list in which
a relative of the deceased person survives and is physically and
mentally able and capable of giving consent may execute consent:
(4) If there are no surviving persons of any degree of
relationship listed in division (A)(3) of this section, any
other
relative or person who assumes custody of the body for burial;
(5) A person authorized by written instrument executed by
the deceased person to make arrangements for burial;
(6) A person who, at the time of death of the deceased person,
was serving as guardian of the person for the deceased person by the person who has the right of disposition under section 2108.70 or 2108.83 of the Revised Code.
(B) Consent to an autopsy or post-mortem examination
given under this section may be revoked only by the person executing the
consent and in the same manner as required for execution of
consent under this section. (C) As used in this section, "written instrument" includes a
telegram or cablegram.
Sec. 2108.70. (A) As used in this section and sections 2108.71 to 2108.92 of the Revised Code:
(1) "Adult" means an individual who is eighteen years of age or older;
(2) "Declarant" means an adult who has executed a written declaration described in division (B) of this section.
(3) "First successor representative" means an adult or group of adults, collectively, to whom the right of disposition for a declarant has been reassigned because the declarant's representative is disqualified from exercising the right under section 2108.76 of the Revised Code.
(4) "Representative" means an adult or a group of adults, collectively, to whom a declarant has assigned the right of disposition.
(5) "Right of disposition" means one or more of the rights described in division (B) of this section that a declarant chooses to assign to a representative in a written declaration executed under that division or all of the rights described in division (B) of this section that are assigned to a person pursuant to section 2108.83 of the Revised Code.
(6) "Second successor representative" means an adult or group of adults, collectively, to whom the right of disposition for a declarant has been reassigned because the declarant's representative and first successor representative are disqualified from exercising the right under section 2108.76 of the Revised Code.
(B) An adult who is of sound mind may execute at any time a written declaration assigning to a representative one or more of the following rights:
(1) The right to direct the disposition, after death, of the declarant's body or any part of the declarant's body that becomes separated from the body before death. This right includes the right to determine the location, manner, and conditions of the disposition of the declarant's bodily remains.
(2) The right to make arrangements and purchase goods and services for the declarant's funeral. This right includes the right to determine the location, manner, and condition of the declarant's funeral.
(3) The right to make arrangements and purchase goods and services for the declarant's burial, cremation, or other manner of final disposition. This right includes the right to determine the location, manner, and condition of the declarant's burial, cremation, or other manner of final disposition.
(C)(1) Subject to division (C)(2) of this section, a declarant may designate a first successor representative.
(2) If a representative is a group of persons and not all of the persons in the group meet at least one criterion to be disqualified from serving as the representative, as described in section 2108.76 of the Revised Code, the persons in the group who are not disqualified shall remain the representative who has the right of disposition.
(D)(1) Subject to division (D)(2) of this section, a declarant may designate a second successor representative.
(2) If the first successor representative is a group of persons and not all of the persons in the group meet at least one criterion to be disqualified from serving as the first successor representative, as described in section 2108.76 of the Revised Code, the persons in the group who are not disqualified shall remain the first successor representative to whom the right of disposition is reassigned.
(E) The assignment or reassignment of a right of disposition to a representative, first successor representative, and second successor representative supercedes an assignment of a right of disposition under section 2108.83 of the Revised Code.
Sec. 2108.71. The assignment or reassignment of a right of disposition by a declarant under section 2108.70 of the Revised Code vests in a representative, first successor representative, or second successor representative at the time of the declarant's death.
Sec. 2108.72. (A) The written declaration described in section 2108.70 of the Revised Code shall include all of the following:
(1) The declarant's legal name and present address;
(2) A statement that the declarant, an adult being of sound mind, willfully and voluntarily appoints a representative to have the declarant's right of disposition for the declarant's body upon the declarant's death;
(3) A statement that all decisions made by the declarant's representative with respect to the right of disposition are binding;
(4) The legal name, last known address, and last known telephone number of the representative or, if the representative is a group of persons, the legal name, last known address, and last known telephone number of each person in the group;
(5) If the declarant chooses to have a first successor representative, a statement that if any person or group of persons named as the declarant's representative is disqualified from serving in such position as described in section 2108.76 of the Revised Code, the declarant appoints a first successor representative;
(6) If the declarant chooses to have a second successor representative, a statement that if a person or group of persons named as the declarant's representative or first successor representative are both disqualified from serving in such positions as described in section 2108.76 of the Revised Code, that the declarant appoints a second successor representative;
(7) If applicable, the legal name, last known address, and last known telephone number of the first and second successor representative or, if the first or second successor representative is a group of persons, the legal name, last known address, and last known telephone number of each person in the group;
(8) A space where the declarant may indicate the declarant's preferences regarding how the right of disposition should be exercised, including any religious observances the declarant wishes the person with the right of disposition to consider;
(9) A space where the declarant may indicate one or more sources of funds that may be used to pay for goods and services associated with the exercise of the right of disposition;
(10) A statement that the declarant's written declaration becomes effective on the declarant's death;
(11) A statement that the declarant revokes both of the following:
(a) Any written declaration that the declarant executed, in accordance with section 2108.70 of the Revised Code, prior to the execution of the present written declaration.
(b) Any other document in which the declarant assigned a right described in division (B) of section 2108.70 of the Revised Code, including an antemortem cremation authorization form executed in accordance with section 4717.21 of the Revised Code, a preneed funeral contract executed in accordance with section 1111.19 of the Revised Code, or a will executed in accordance with section 2107.03 of the Revised Code, if the other document contains instructions that are inconsistent with the instructions in the written declaration and was executed prior to the date of execution of the present written declaration.
(12) A space where the declarant can sign and date the written declaration;
(13) A space where a notary public or two witnesses can sign and date the written declaration as described in section 2108.73 of the Revised Code.
(B) A written declaration may take the following form:
APPOINTMENT OF REPRESENTATIVE FOR DISPOSITION OF BODILY REMAINS, FUNERAL ARRANGEMENTS, AND BURIAL OR CREMATION GOODS AND SERVICES:
I, ................. (legal name and present address of declarant), an adult being of sound mind, willfully and voluntarily appoint my representative, named below, to have the right of disposition, as defined in section 2108.70 of the Revised Code, for my body upon my death. All decisions made by my representative with respect to the right of disposition shall be binding.
(If the representative is a group of persons, indicate the name, last known address, and telephone number of each person in the group.)
Name(s): ..................................................
Address(es): ..............................................
Telephone Number(s): ......................................
FIRST SUCCESSOR REPRESENTATIVE:
If my representative is disqualified from serving as my representative as described in section 2108.76 of the Revised Code, then I hereby appoint the following person or group of persons to serve as my first successor representative.
(If the first successor representative is a group of persons, indicate the name, last known address, and telephone number of each person in the group.)
Name(s): ..................................................
Address(es): ..............................................
Telephone Number(s): ......................................
SECOND SUCCESSOR REPRESENTATIVE:
If my representative and first successor representative are disqualified from serving in such positions as described in section 2108.76 of the Revised Code, then I hereby appoint the following person or group of persons to serve as my second successor representative.
(If the second successor representative is a group of persons, indicate the name, last known address, and telephone number of each person in the group.)
Name(s): ..................................................
Address(es): ..............................................
Telephone Number(s): ......................................
PREFERENCES REGARDING HOW THE RIGHT OF DISPOSITION SHOULD BE EXERCISED, INCLUDING ANY RELIGIOUS OBSERVANCES THE DECLARANT WISHES A REPRESENTATIVE, FIRST SUCCESSOR REPRESENTATIVE, OR SECOND SUCCESSOR REPRESENTATIVE TO CONSIDER:
ONE OR MORE SOURCES OF FUNDS THAT COULD BE USED TO PAY FOR GOODS AND SERVICES ASSOCIATED WITH AN EXERCISE OF THE RIGHT OF DISPOSITION:
The appointment of my representative and, if applicable, first successor representative and second successor representatives, becomes effective upon my death.
PRIOR APPOINTMENTS REVOKED:
I hereby revoke both of the following:
(1) Any written declaration that I executed in accordance with section 2108.70 of the Ohio Revised Code prior to the date of execution of this written declaration indicated below.
(2) Any other document in which I assigned a right described in division (B) of section 2108.70 of the Revised Code, including an antemortem cremation authorization form I may have executed in accordance with section 4717.21 of the Revised Code, a preneed funeral contract I may have executed in accordance with section 1111.19 of the Revised Code, or a will I may have executed in accordance with section 2107.03 of the Revised Code, if the other document contains instructions that are inconsistent with the instructions in this written declaration and I executed the other document prior to the date of execution of this written declaration indicated below.
I hereby agree that any of the following that receives a copy of this written declaration may act under it:
- Business operating a crematory;
- Business operating a columbarium;
- Any other person asked to assist with my funeral, burial, cremation, or other manner of final disposition.
MODIFICATION AND REVOCATION - WHEN EFFECTIVE:
Any modification or revocation of this written declaration is not effective as to any party until that party receives actual notice of the modification or revocation.
No person who acts in accordance with a properly executed copy of this written declaration shall be liable for damages of any kind associated with the person's reliance on this declaration.
Signed this ...... day of .......
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ACKNOWLEDGMENT OF ASSUMPTION OF OBLIGATIONS AND COSTS:
By signing below, the representative, or first or second successor representative, if applicable, acknowledges that he or she, as representative or first or second successor representative, assumes the right of disposition as defined in section 2108.70 of the Revised Code, and understands that he or she is liable for the reasonable costs of exercising the right, including any goods and services that are purchased.
The undersigned hereby accepts this appointment as representative, first successor representative, or second successor representative, as applicable, for the right of disposition as defined in section 2108.70 of the Revised Code.
Signed this ...... day of .......
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Signature of representative (if representative is a group of persons, each person in the group shall sign) |
Signed this ...... day of .......
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Signature of first successor representative (if first successor representative is a group of persons, each person in the group shall sign) |
Signed this ...... day of .......
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Signature of second successor representative (if second successor representative is a group of persons, each person in the group shall sign) |
I attest that the declarant signed or acknowledged this assignment of the right of disposition under section 2108.70 of the Revised Code in my presence and that the declarant is at least eighteen years of age and appears to be of sound mind and not under or subject to duress, fraud, or undue influence. I further attest that I am not the declarant's representative, first successor representative, or second successor representative, I am at least eighteen years of age, and I am not related to the declarant by blood, marriage, or adoption.
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County of ............. SS.
On ..............., before me, the undersigned notary public, personally appeared ................., known to me or satisfactorily proven to be the person whose name is subscribed as the declarant, and who has acknowledged that he or she executed this written declaration under section 2108.70 of the Revised Code for the purposes expressed in that section. I attest that the declarant is at least eighteen years of age and appears to be of sound mind and not under or subject to duress, fraud, or undue influence.
Signature of notary public
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My commission expires on: ....
Sec. 2108.73. A written declaration executed by a declarant under section 2108.70 of the Revised Code shall be signed and dated by the declarant in the presence of either of the following:
(A) A notary public who shall make the certification described in section 147.53 of the Revised Code.
(B) Two witnesses who are adults and who are not related by blood, marriage, or adoption to the declarant.
Sec. 2108.74. A declarant who executes a written declaration in accordance with section 2108.73 of the Revised Code warrants the truthfulness of the entire content of the declaration.
Sec. 2108.75. A written declaration executed in accordance with section 2108.73 of the Revised Code shall have priority over all other documents that assign to a person or group of persons the right of disposition, except when either of the following is true:
(A) The declaration has been revoked in accordance with section 2108.82 of the Revised Code;
(B) The declarant has signed and dated another document that contains an assignment of the right of disposition or a similar right, the instructions contained in the other document are inconsistent with the instructions in the written declaration, and the other document was signed and dated after the declaration and notarized or witnessed in accordance with section 2108.73 of the Revised Code. Examples of such other documents include an antemortem cremation authorization form executed in accordance with section 4717.21 of the Revised Code, a preneed funeral contract executed in accordance with section 1111.19 of the Revised Code, and a will executed in accordance with section 2107.03 of the Revised Code.
Sec. 2108.76. (A) A person shall be disqualified from serving as a representative, first successor representative, or second successor representative, or from having the right of disposition for a deceased adult pursuant to section 2108.83 of the Revised Code, if any of the following occurs:
(2) A probate court declares or determines that the person is incompetent.
(3) The person resigns or declines to exercise the right as described in section 2108.90 of the Revised Code.
(4) The person refuses to exercise the right not later than two days after notification of the declarant's death or not later than five days after the declarant's death.
(5) The person cannot be located with reasonable effort not later than five days after the declarant's death. (6) The person meets the criteria described in section 2108.77 or 2108.78 of the Revised Code.
(B) Subject to divisions (C)(2) and (D)(2) of section 2108.70 of the Revised Code, if a person is disqualified from serving as the declarant's representative, first successor representative, or second successor representative, or from having the right of disposition for a deceased adult pursuant to section 2108.83 of the Revised Code, as described in division (A) of this section, the right is automatically reassigned to, and vests in, the next person who has the right pursuant to the declarant's written declaration or pursuant to the order of priority in section 2108.83 of the Revised Code.
Sec. 2108.77. (A) Except as provided in division (B) of this section, if the person named as the declarant's representative, first successor representative, or second successor representative in a written declaration was the declarant's spouse at the time the declaration was executed, but is not the declarant's spouse at the time of the declarant's death, the former spouse shall no longer be qualified to serve as the declarant's representative, first successor representative, or second successor representative.
(B) Division (A) of this section shall not apply and a former spouse is qualified to serve as a declarant's representative, first successor representative, or second successor representative if the declarant signs and dates, after the termination of the marriage, a document stating the declarant's intent that the former spouse be the declarant's representative, first successor representative, or second successor representative. The document must be notarized or witnessed in accordance with the procedures described in section 2108.73 of the Revised Code.
Sec. 2108.78. If the person named as the declarant's representative, first successor representative, or second successor representative in a written declaration, or the person who has a deceased adult's right of disposition pursuant to section 2108.83 of the Revised Code, meets any of the following criteria, the person shall be disqualified from serving as the representative, first successor representative, or second successor representative, or from having the right:
(A)(1) Subject to division (A)(2) of this section, the person has been charged with murder, aggravated murder, or voluntary manslaughter.
(2) If the charges against the person described in division (A)(1) of this section are dismissed or if the person is acquitted of such charges, the right is restored to the person.
(B)(1) Subject to division (B)(2) of this section, the person has been charged with an act of domestic violence as defined in section 3113.31 of the Revised Code and it has been alleged that the act resulted in or contributed to the declarant's death.
(2) If the charges against the person described in division (B)(1) of this section are dismissed or if the person is acquitted of such charges, the right is restored to the person.
(C) The person and the declarant or deceased adult are spouses and an action to terminate the marriage pursuant to Chapter 3105. of the Revised Code was pending at the time of the declarant's or deceased adult's death.
(D) The person and the declarant or deceased adult are spouses and a probate court, on the motion of any other person or its own motion, determines that the declarant's or deceased adult's spouse and the declarant were estranged at the time of the declarant's or deceased adult's death. As used in this division, "estranged" means that a declarant's or a deceased adult's spouse and the declarant or deceased adult were physically and emotionally separated from each other, at the time of the declarant's or deceased adult's death, and had been separated for a period of time that clearly demonstrates an absence of due affection, trust, and regard between spouse and the declarant of deceased adult.
Sec. 2108.79. If a declarant or deceased adult has made a valid declaration of an anatomical gift by will or any other document or means described in section 2108.04 of the Revised Code, any person to whom the declarant has assigned the right of disposition under section 2108.70 of the Revised Code, or who has the right as described in section 2108.83 of the Revised Code, is bound by the declaration of the anatomical gift and must follow the instructions associated with the gift before making any decisions or taking any other actions associated with the right.
Sec. 2108.81. (A) Subject to divisions (B) and (C) of this section, if a declarant's representative, first successor representative, or second successor representative is a group of people in whom the right of disposition has vested as described in section 2108.71 of the Revised Code, or if a class of persons has the right as described in section 2108.83 of the Revised Code, and the persons in the group or class disagree regarding how the right is to be exercised, the decisions of the majority of the persons in the group or class shall prevail.
(B) If, after reasonable efforts, less than all of the persons in a group or class described in division (A) of this section have been located, the decisions of the majority of the persons in the group or class who have been located prevail.
(C) If there is no majority of persons for purposes of the circumstances described in divisions (A) or (B) of this section, the probate court of the county in which the declarant or deceased adult resided at the time of death shall determine whose decisions prevail in accordance with division (B) of section 2108.84 of the Revised Code.
Sec. 2108.82. A declarant may revoke a written declaration executed under section 2108.70 of the Revised Code by indicating the declarant's desire to revoke the declaration in a document signed and dated by the declarant in the presence of either of the following:
(A) A notary public who shall make the certification described in section 147.53 of the Revised Code.
(B) Two witnesses who are adults and are not related by blood, marriage, or adoption to the declarant.
Sec. 2108.83. (A) If either of the following is true, division (B) of this section shall apply:
(1) An adult has neither executed a written declaration, nor another document that clearly assigns to a person or group of persons the right of disposition, that has been notarized or witnessed in accordance with section 2108.73 of the Revised Code;
(2) Each person to whom the right of disposition has been assigned or reassigned pursuant to a written declaration is disqualified from exercising the right as described in section 2108.76 of the Revised Code.
(B) Subject to division (A) of this section and sections 2108.76 and 2108.81 of the Revised Code, the right of disposition is assigned to the following persons, if mentally competent adults who can be located with reasonable effort not later than five days after the declarant's death, in the order of priority stated:
(1) The deceased adult's surviving spouse;
(2) The sole surviving child of the deceased adult or, if there is more than one surviving child, all of the surviving children, collectively.
(3) The deceased adult's surviving parent or parents;
(4) The deceased adult's surviving sibling, whether of the whole or of the half blood or, if there is more than one sibling of the whole or of the half blood, all of the surviving siblings, collectively;
(5) The deceased adult's surviving grandparent or grandparents;
(6) The lineal descendants of the deceased grandparents, as described in division (I) of section 2105.06 of the Revised Code;
(7) The person who was the deceased adult's guardian at the time of the deceased adult's death, if a guardian had been appointed.
(8) Any other person willing to assume the right of disposition, including the personal representative of the deceased adult's estate or the licensed funeral director with custody of the deceased adult's body, after attesting in writing that a good faith effort has been made to locate the persons in divisions (B)(1) to (7) of this section.
Sec. 2108.84. (A) Notwithstanding section 2108.83 of the Revised Code and in accordance with division (B) of this section, the probate court for the county in which the declarant or deceased adult resided at the time of death may, on its own motion or the motion of another person, assign to any person the right of disposition for a declarant or deceased adult.
(B) In making a determination for purposes of division (A) of this section and division (C) of section 2108.81 of the Revised Code, the court shall consider the following:
(1) Whether evidence presented to, or in the possession of the court, demonstrates that the person who is the subject of the motion and the declarant or deceased adult had a close personal relationship;
(2) The reasonableness and practicality of any plans that the person who is the subject of the motion may have for the declarant's or deceased adult's funeral, burial, cremation, or final disposition, including the degree to which such plans allow maximum participation by all persons who wish to pay their final respects to the deceased adult;
(3) The willingness of the person who is the subject of the motion to assume the responsibility to pay for the declarant's or deceased adult's funeral, burial, cremation, or final disposition and the desires of such person;
(4) The convenience and needs of other families and friends wishing to pay their final respects to the declarant or deceased adult;
(5) The express written desires of the declarant or deceased adult.
(C) Except to the extent considered under division (B)(3) of this section, the following persons do not have a greater right to the right of disposition than such persons otherwise have pursuant to law:
(1) A person who is willing to assume the responsibility to pay for the declarant's or deceased adult's funeral, burial, cremation, or final disposition;
(2) The personal representative of the declarant or deceased adult.
Sec. 2108.85. In the event of a dispute regarding the right of disposition, a funeral home, funeral director, crematory operator, or other person asked to assist with a declarant's or deceased adult's funeral, burial, cremation, or other manner of final disposition shall not be liable for damages of any kind for refusing to accept the remains, refusing to inter, cremate, or otherwise dispose of the remains, or refusing to complete funeral or other arrangements pertaining to final disposition until such funeral home, funeral director, crematory operator, or other person receives a court order or other written document notarized or witnessed in accordance with section 2108.73 of the Revised Code that clearly expresses how the right of disposition is to be exercised.
Sec. 2108.86. If a funeral home, funeral director, crematory operator, or other person asked to assist with a declarant's or deceased adult's funeral, burial, cremation, or other manner of final disposition is in possession of a declarant's or deceased adult's remains while a dispute described in section 2108.85 of the Revised Code is pending, the funeral home, funeral director, crematory operator, or other person may embalm or refrigerate and shelter the remains to preserve them and may add the cost of embalming, refrigeration, and sheltering to the final disposition costs to be charged.
Sec. 2108.87. (A) If a funeral home, funeral director, crematory operator, or other person asked to assist with a declarant's or deceased adult's funeral, burial, cremation, or other manner of final disposition brings a legal action for purposes of section 2108.85 or 2108.86 of the Revised Code, such person may add to the costs the person charges for the goods and services the person provided the legal fees, if reasonable, and the court costs that the person incurred.
(B) The right created by division (A) of this section shall neither be construed to require, nor impose a duty on, a funeral home, funeral director, crematory operator, or other person asked to assist with a declarant's or deceased adult's funeral, burial, cremation, or other manner of final disposition, to bring a legal action and such person shall not be held criminally or civilly liable for not bringing an action.
Sec. 2108.88. (A) A funeral home, funeral director, crematory operator, or other person asked to assist with a declarant's funeral, burial, cremation, or other manner of final disposition has the right to rely on the content of a written declaration and the instructions of the person or group of persons whom the funeral home, funeral director, crematory operator, or other person reasonably believes has the right of disposition.
(B) If the circumstances described in division (A) of section 2108.83 of the Revised Code apply, a funeral home, funeral director, crematory operator, or other person asked to assist with a deceased adult's funeral, burial, cremation, or other manner of final disposition has the right to rely on the instructions of the person or group of persons the funeral home, funeral director, crematory operator, or other person reasonably believes has the right of disposition pursuant to section 2108.83 of the Revised Code.
(C) No funeral home, funeral director, crematory operator, or other person asked to assist with a deceased adult's funeral, burial, cremation, or other manner of final disposition, who relies, pursuant to divisions (A) and (B) of this section, in good faith on the contents of a written declaration or the instructions of the person or group of persons the funeral home, funeral director, crematory operator, or other person reasonably believes has the right of disposition, shall be subject to criminal or civil liability or subject to disciplinary action for taking an action or not taking an action in reliance on such contents or instructions and for otherwise complying with sections 2108.70 to 2108.92 of the Revised Code.
Sec. 2108.89. (A) A funeral home, funeral director, crematory operator, or other person asked to assist with a deceased adult's funeral, burial, cremation, or other manner of final disposition may independently investigate the existence of, or locate or contact, the following persons:
(1) A representative, first successor representative, or second successor representative named in a written declaration;
(2) A person listed in section 2108.83 of the Revised Code.
(B) In no circumstances shall a funeral home, funeral director, crematory operator, or other person asked to assist with a deceased adult's funeral, burial, cremation, or other manner of final disposition have a duty to independently investigate the existence of, or locate or contact, the persons described in division (A) of this section.
Sec. 2108.90. (A) A person to whom a declarant's or deceased adult's right of disposition has been assigned or reassigned pursuant to section 2108.70 or 2108.83 of the Revised Code may decline to exercise the right or resign after beginning to exercise the right.
(B) A person described in division (A) of this section who resigns after beginning to exercise the right shall be subject to section 2108.91 of the Revised Code.
Sec. 2108.91. The following persons shall be liable for the reasonable costs of any goods or services purchased in connection with the exercise of the right of disposition for a declarant or deceased adult:
(A) A representative, first successor representative, or second successor who assumes liability for the cost of such goods and services by signing a written declaration that states that such an assumption is made;
(B) A person to whom the right of disposition is assigned pursuant to section 2108.83 of the Revised Code and who has purchased goods or services associated with an exercise of the right.
Sec. 2108.92. Pursuant to division (A) of section 2101.24 of the Revised Code, the probate court for the county in which the declarant or deceased adult resided at the time of death shall have exclusive jurisdiction over any action that results from sections 2108.70 to 2108.91 of the Revised Code.
Sec. 2109.02. Every fiduciary, before entering upon the
execution of a trust, shall receive letters of appointment from a
probate court having jurisdiction of the subject matter of the
trust. The duties of a fiduciary shall be those required by law,
and such additional duties as the court orders. Letters of
appointment shall not issue until a fiduciary has executed a
written acceptance of his the fiduciary's duties, acknowledging
that he the fiduciary is subject to removal for failure to
perform his the fiduciary's duties, and that he the
fiduciary is subject to possible penalties for conversion of property
he the fiduciary holds as a fiduciary. The written acceptance
may be filed with the application for appointment. No act or transaction by a fiduciary is valid prior to the
issuance of letters of appointment to him the fiduciary. This
section does not prevent an executor named in a will, or an executor nominated
pursuant to a power as described in section 2107.65 of the
Revised Code, or a person with the right of disposition under section 2108.70 or 2108.83 of the Revised Code from paying funeral expenses, or prevent necessary
acts for the preservation of the trust estate prior to the
issuance of such letters.
Sec. 2111.13. (A) When a guardian is appointed to have
the custody and maintenance of a ward, and to have charge of the
education of the ward if the ward is a minor, the guardian's
duties are
as follows: (1) To protect and control the person of the ward; (2) To provide suitable maintenance for the ward when
necessary, which shall be paid out of the estate of such ward
upon the order of the guardian of the person; (3) To provide such maintenance and education for such
ward as the amount of the ward's estate justifies when the
ward is a
minor and has no father or mother, or has a father or mother who
fails to maintain or educate the ward, which shall be paid
out of such
ward's estate upon the order of the guardian of the person; (4) To obey all the orders and judgments of the probate
court touching the guardianship. (B) Except as provided in section 2111.131 of the Revised
Code, no part of the ward's estate shall be used for the support,
maintenance, or education of such ward unless ordered and
approved by the court. (C) A guardian of the person may authorize or approve the
provision to the ward of medical, health, or other
professional
care, counsel, treatment, or services unless the ward or an
interested party files objections with the probate court, or the
court, by rule or order, provides otherwise. (D) A Unless a person with the right of disposition for a ward under section 2108.70 or 2108.83 of the Revised Code has made a decision regarding whether or not consent to an autopsy or post-mortem examination on the body of the deceased ward under section 2108.50 of the Revised Code shall be given, a guardian of the person of a ward who has died may consent
to an the autopsy or post-mortem examination upon the body of the deceased ward
under section 2108.50 of the Revised Code and, if the. (E) If a deceased ward did not have a guardian
of the estate and, the estate is not required to be administered by a probate
court, and a person with the right of disposition for a ward, as described in section 2108.70 or 2108.83 of the Revised Code, has not made a decision regarding the disposition of the ward's body or remains, the guardian of the person of the ward may authorize the burial or cremation of the deceased ward. A (F) A guardian
who gives consent or authorization as described in this division divisions (D) and (E) of this section shall notify
the probate court as soon as possible after giving the consent or
authorization.
Sec. 2113.031. (A) As used in this section: (1) "Financial institution" has the same meaning as in
section 5725.01 of the Revised
Code. "Financial institution"
also
includes a credit union and a fiduciary that is not a trust
company but that does trust business. (2) "Funeral and burial expenses" means whichever of the
following applies: (a) The funeral and burial expenses
of the decedent that are
included in the bill of a funeral
director; (b) The funeral expenses of the
decedent that are not
included in the bill of a funeral director
and that have been
approved by the probate court; (c) The funeral and burial expenses
of the decedent that are
described in divisions
(A)(2)(a) and (b) of this section. (3) "Surviving spouse" means either of the following: (a) The surviving spouse of a
decedent who died leaving the
surviving spouse and no minor
children; (b) The surviving spouse of a decedent who died
leaving the
surviving spouse and minor children, all of whom are
children of
the decedent and the surviving spouse. (B)(1) If the value of
the assets of the decedent's estate
does not exceed the lesser
of two five thousand dollars or the amount
of the decedent's funeral
and burial expenses, any person who is
not a surviving spouse
and who has paid or is obligated in writing
to pay the
decedent's funeral and burial expenses, including a person described in section 2108.91 of the Revised Code, may apply to the
probate
court for an order granting a summary release from
administration in accordance with this section. (2) If either of the following applies, the decedent's
surviving spouse may apply to the probate court for an order
granting a summary release from administration in
accordance with
this section: (a) The decedent's funeral and burial
expenses have been
prepaid, and the value of the assets of the
decedent's estate does
not exceed the total of the following
items: (i) The allowance for
support that is made under division
(A) of section 2106.13 of the
Revised Code to the surviving spouse
and, if applicable, to the decedent's minor children and that
is
distributable in accordance with division
(B)(1) or (2) of that
section; (ii) An amount, not exceeding two five
thousand dollars, for the
decedent's funeral and burial expenses
referred to in division
(A)(2)(c) of this
section. (b) The decedent's funeral and burial
expenses have not been
prepaid, the decedent's surviving spouse
has paid or is obligated
in writing to pay the decedent's
funeral and burial expenses, and
the value of the assets of the
decedent's estate does not exceed
the total of the items
referred to in divisions (B)(2)(a)(i)
and
(ii) of this section. (C) A probate court
shall order a summary release from
administration
in connection with a decedent's estate only if the
court finds
that all of the following are satisfied: (1) A person described in division
(B)(1) of this section is
the
applicant for a summary release from
administration, and the
value of the assets of the decedent's
estate does not exceed the
lesser of two five thousand dollars or the
amount of the decedent's
funeral and burial expenses, or
the applicant for a summary
release from administration is the decedent's
surviving spouse,
and the circumstances described in division
(B)(2)(a) or (b) of
this section apply. (2) The application for a summary release from
administration does all of
the following: (a) Describes all assets of the
decedent's estate that are
known to the
applicant; (b) Is in the form that the supreme
court prescribes
pursuant to its powers of superintendence under
Section 5 of
Article IV, Ohio
Constitution, and is consistent
with the
requirements of this division; (c) Has been signed and acknowledged by the
applicant in the
presence of a notary public or a deputy clerk
of the probate
court; (d) Sets forth the following
information if the decedent's
estate includes a described type
of asset: (i) If the decedent's estate includes a motor
vehicle, the
motor vehicle's year, make, model,
body type, manufacturer's
vehicle identification number,
certificate of title number, and
date of death value; (ii) If the decedent's estate
includes an account maintained
by a financial institution, that
institution's name and the
account's complete identifying number
and date of death balance; (iii) If the decedent's estate includes one or
more shares
of stock or bonds, the total number of the shares
and bonds and
their total date of death value and, for each
share or bond, its
serial number, the name of its issuer, its
date of death value,
and, if any, the
name and address of its transfer agent. (3) The application for a summary release from
administration is
accompanied by all of the following that apply: (a) A receipt, contract, written declaration as defined in section 2108.70 of the Revised Code, or other document that
confirms the
applicant's payment or obligation to pay the
decedent's funeral
and burial expenses or, if applicable in the
case of the
decedent's surviving spouse, the prepayment of the
decedent's
funeral and burial expenses; (b) An application for a
certificate of transfer as
described in section 2113.61 of the
Revised Code, if an interest
in real
property is included in the assets of the decedent's
estate; (c) The fee required by division
(A)(59) of section 2101.16
of
the Revised Code. (4) At the time of its determination on the application,
there are no
pending proceedings for
the administration of the
decedent's estate and no
pending proceedings for relief of the
decedent's estate from
administration under section 2113.03 of the
Revised Code. (5) At the time of its determination on the
application,
there are no known assets of the decedent's estate
other than the
assets described in the application. (D) If the probate court
determines that the requirements of
division
(C) of this section are
satisfied, the probate court
shall issue an order that grants a
summary release from
administration in connection
with the decedent's estate. The
order has, and shall specify
that it has, all of the following
effects: (1) It relieves the decedent's estate from
administration. (2) It directs the delivery to the applicant of the
decedent's personal property together with the title to that
property. (3) It directs the transfer to the applicant of the title
to
any interests in real property included in the decedent's
estate. (4)
It eliminates the need for a financial institution,
corporation, or other entity or person referred to in any
provision of
divisions (A)
to (F) of section 5731.39 of the
Revised Code to obtain, as otherwise would be required by
any of
those divisions, the written consent of the tax commissioner prior
to
the delivery, transfer, or payment to the applicant of an asset
of the
decedent's estate. (E) A certified copy of
an order that grants a summary
release from administration
together with a certified copy of the
application for that order
constitutes sufficient authority for a
financial institution,
corporation, or other entity or person
referred to in divisions (A)
to (F) of section 5731.39 of the
Revised Code or for a
clerk of a court of common pleas to transfer
title to an asset of the
decedent's estate to the applicant for
the summary release from
administration. (F) This section does
not affect the ability of qualified
persons to file an
application to relieve an estate from
administration under
section 2113.03 of the Revised
Code or to
file an application
for the grant of letters testamentary or
letters of
administration in connection with the decedent's
estate.
Sec. 2113.37. The probate court, in settlement of an executor's or
administrator's account, may allow as a credit to the executor or administrator the following persons
a just amount expended by him the person for
a tombstone or monument for the deceased and a just amount paid by him
the person to a cemetery association or corporation
as a perpetual fund for caring for and preserving the lot on which the
deceased is buried. It: (C) A person with the right of disposition under section 2108.70 or 2108.83 of the Revised Code. It is not incumbent on an executor or administrator such a person to
procure a tombstone or monument or to pay any sum into such fund.
Sec. 2117.25. (A) Every executor or administrator shall
proceed with diligence to pay the debts of the decedent and
shall
apply the assets in the following order: (1) Costs and expenses of administration; (2) An amount, not exceeding two five thousand dollars, for
funeral
expenses that are included in the bill of a funeral
director, funeral expenses other than those in the bill of a
funeral director that are approved by the probate court, and
an
amount, not exceeding two five
thousand dollars, for burial and
cemetery expenses,
including that portion of the funeral
director's bill allocated to
cemetery expenses that have been paid
to the cemetery by the
funeral director. For purposes of this division, burial and cemetery
expenses
shall be limited to the following: (a) The purchase of a place of interment; (b) Monuments or other markers; (c) The outer burial container; (d) The cost of opening and closing the place of
interment; (3) The allowance for support made to the surviving
spouse,
minor children, or both under section 2106.13 of the
Revised Code; (4) Debts entitled to a preference under the laws of the
United States; (5) Expenses of the last sickness of the decedent; (6) If the total bill of a funeral director for funeral
expenses exceeds
two five thousand dollars, then, in addition
to the
amount described in division
(A)(2) of this section, an
amount,
not exceeding one two thousand dollars, for funeral expenses that are
included in the bill and that exceed two five
thousand dollars; (7) Personal property taxes, claims made under the estate recovery program instituted pursuant to section 5111.11 of the Revised Code, and obligations for which the
decedent was personally liable to the state or any of its
subdivisions; (8) Debts for manual labor performed for the decedent
within
twelve months preceding the decedent's death, not
exceeding
three
hundred dollars to any one person; (9) Other debts for which claims have been presented and
finally allowed. (B) The part of the bill of a funeral director that
exceeds
the total of three seven thousand dollars as described in
divisions
(A)(2) and
(6) of this section, and the part of a claim
included
in division
(A)(8) of this section that exceeds three
hundred
dollars shall be included as a debt under division
(A)(9) of this
section,
depending upon the time when the claim
for
the additional
amount is presented. (C) Any natural person or fiduciary who pays a claim of any
creditor described in division (A) of this section shall be
subrogated to the rights of that creditor proportionate to the
amount of the payment and shall be entitled to reimbursement for
that amount in accordance with the priority of payments set forth
in that division. (D)(1) Chapters 2113. to 2125. of the Revised Code, relating
to
the manner in which and the time within which claims shall be
presented, shall apply to claims set forth in divisions
(A)(2),
(6),
and
(8) of this section. Claims for an expense of
administration
or for the allowance for support need not be
presented. The
executor or administrator shall pay debts included
in divisions
(A)(4) and
(7) of this section, of which the
executor
or
administrator has knowledge, regardless of
presentation. (2) The giving of written notice to an executor or
administrator of a motion or application to revive an action
pending against the decedent at the date of death shall be
equivalent to the presentation of a claim to the executor or
administrator for the purpose of determining the order of payment
of any judgment rendered or decree entered in such an action. (E) No payments shall be made to creditors of one class
until
all those of the preceding class are fully paid or provided
for.
If the assets are insufficient to pay all the claims of one
class, the creditors of that class shall be paid ratably. (F) If it appears at any time that the assets have been
exhausted in paying prior or preferred charges, allowances, or
claims,
those payments shall be a bar to an action on any
claim
not entitled to
that priority or preference.
Sec. 2117.251. A claim under the bill of a funeral director pursuant to section 2117.25 of the Revised Code arises subsequent to the death of the decedent and is not in satisfaction of a personal obligation of the individual during the individual's lifetime. If a decedent during the decedent's lifetime has purchased an irrevocable preneed funeral contract pursuant to section 1109.75 of the Revised Code, then those provisions of section 2117.25 of the Revised Code that relate to the bill of a funeral director, including divisions (A) and (B) of that section, do not apply to the estate of the decedent and the estate is not liable for the funeral expenses of the decedent.
Sec. 4717.21. (A) Any person, on an
antemortem basis, may serve as the person's own authorizing agent, authorize
the person's own cremation, and specify the arrangements for the final
disposition of the person's own cremated remains by executing an antemortem
cremation authorization form. A guardian, custodian, or other personal
representative who is authorized by law or contract to do so on behalf of a
person, on an antemortem basis, may authorize the cremation of the person and
specify the arrangements for the final disposition of the person's cremated
remains by executing an antemortem cremation authorization form on the
person's
behalf. Any such antemortem cremation authorization form also shall be signed
by one witness. The original copy of the executed authorization form shall be
sent to the operator of the crematory facility being authorized to conduct the
cremation, and a copy shall be retained by the person who executed the
authorization form. The person who executed an antemortem cremation
authorization form may revoke the authorization at any time by providing
written notice of the revocation to the operator of the crematory facility
named in the authorization form. The person who executed the authorization
form may
transfer the authorization to another crematory facility by providing written
notice to the operator of the crematory facility named in the original
authorization of the revocation of the authorization and, in accordance with
this division, executing a new antemortem cremation authorization form
authorizing the operator of another crematory facility to conduct the
cremation. (B) Each antemortem cremation authorization form shall specify
the final disposition that is to be made of the cremated remains. (C) When (1) Except as provided in division (C)(2) of this section, when the operator of a crematory
facility is in possession of a cremation authorization form that has been
executed on an antemortem basis in accordance with this section, the other
conditions set forth in division (A) of section 4717.23 of the Revised Code
have been met, the crematory facility has possession of the decedent to
which
the antemortem authorization pertains, and the crematory facility has received
payment for the cremation of the decedent and the final disposition of the
cremated remains of the decedent or is otherwise assured of payment for those
services, the
crematory facility shall cremate the decedent and dispose of the cremated
remains in accordance with the instructions contained in the antemortem
cremation authorization form, unless a person identified as being entitled to
act as the authorizing agent for the cremation of the decedent in the absence
of the antemortem authorization under divisions (A)(1) or
(A)(4) to (8) of
section
4717.22 of the Revised Code has modified,
in writing, the arrangements for the final
disposition of the
cremated remains of the decedent or has canceled the cremation and made
alternative arrangements for the final disposition of the decedent's body. (2) Subject to section 2108.76 of the Revised Code, a person with the right of disposition for a decedent under section 2108.70 of the Revised Code may cancel the arrangements for the decedent's cremation, modify the arrangements for the final disposition of the decedent's cremated remains, or make alternative arrangements for the final disposition of the decedent's body. If a person with the right takes any such action, the operator shall disregard the instructions contained in the cremation authorization form and follow the instructions of the person with the right. (D) An antemortem cremation
authorization form executed under division (A)
of this section does not constitute a contract for conducting the cremation of
the person named in the authorization form or for the final disposition of the
person's cremated remains. Despite the existence of such an antemortem
cremation authorization, a person identified under divisions (A)(1) or (A)(4) to (8) division (A) of
section 4717.22 of the Revised Code as being entitled to act as the
authorizing
agent for the cremation of the decedent named in the antemortem authorization,
in the descending order of
priority in which they are listed, may modify, in writing, the
arrangements for
the final disposition of the cremated remains of the decedent set forth in the
authorization form or may cancel the cremation and claim the decedent's body
for
purposes of making alternative arrangements for the final disposition of the
decedent's body. The revocation of an antemortem cremation authorization
form executed under division (A) of this section, or
the cancellation of the cremation of the person named in the antemortem
authorization or modification of the arrangements for the final disposition of
the person's cremated remains as authorized by this division, does not affect
the validity or enforceability of any contract entered into for the cremation
of the person named in the antemortem authorization or for the final
disposition of the person's cremated remains. (E) Nothing in this section applies to
any antemortem cremation authorization form executed prior to the effective
date of this section. Any cemetery, funeral home, crematory facility, or
other
party may specify, with the written approval of the person who executed the
antemortem
authorization, that such an antemortem authorization is subject to
sections 4717.21 to 4717.30 of the Revised Code.
Sec. 4717.22. (A) The following persons, in the descending order of
priority listed below, person who has the right of disposition under section 2108.70 or 2108.83 of the Revised Code may serve as an authorizing agent for the cremation of
a dead human body, including, without limitation, a dead human body that was
donated to science for purposes of medical education or research: (1) The spouse of the decedent at the time of the decedent's death;
(2) Any person acting on the instructions of a decedent who authorized
the decedent's own cremation by executing an antemortem cremation
authorization form in accordance with section 4717.21 of the Revised Code;
(3) A person serving as the executor or legal representative of the
decedent's estate who is acting in accordance with the decedent's written
instructions for the final disposition of the decedent's body;
(4) The decedent's surviving adult children. If the decedent is
survived by more than one adult child, any of them who states on the cremation
authorization form authorizing the cremation of the decedent executed in
accordance with section 4717.24 of the Revised Code that all of the
decedent's other adult children have been notified of the decedent's
death and of the plans to cremate the decedent and that none of them have
expressed an objection to the cremation may serve as the authorizing
agent.
(5) The decedent's surviving parent or, if the decedent was
under eighteen years of age at death, a surviving parent or the guardian or
custodian of
the decedent. If the decedent is survived by both parents, either of them may
serve as the authorizing agent by stating on the cremation authorization form
authorizing the cremation of the decedent executed in accordance with section
4717.24 of the Revised Code that the other parent has been notified of the
decedent's death and of the plans to cremate the decedent and that the other
parent expressed no objection to the cremation.
(6) The person in the next degree of kinship to the decedent in the
order named in section 2105.06 of the Revised Code to inherit the estate of
the decedent if
the decedent had died intestate. If there is more than one person of that
degree of kinship, any of them may serve as the authorizing agent.
(7) If the decedent was an indigent person or other person
the final disposition of whose body is the responsibility of this state or a
political subdivision of this state, the public officer or employee
responsible for arranging the final disposition of the decedent's body;
(8) In the case of an individual who has donated the individual's
body to science for purposes of medical education or research, or whose death
occurred in a nursing home, rest home, or home for the aging licensed under
Chapter 3721. of the Revised Code, an adult care facility licensed under
Chapter 3722. of the Revised Code, or a hospital
registered under section 3701.07
of the Revised Code, and who has executed an antemortem cremation
authorization form in accordance with section 4717.21 of the Revised Code in
which the
medical education or research facility, nursing home, rest home,
home for the aging, adult care facility, or hospital is designated to make
arrangements for the final disposition of the decedent's body, a
representative
of that facility or institution;
(9) In the absence of any of the parties named in divisions
(A)(1) to (8) of this section, any person
willing to assume the responsibility of an authorizing agent under sections
4717.23 to 4717.30 of the Revised Code.
(B) If body parts were removed
from a living person, the person from whom the body parts were removed or the
guardian, custodian, or other personal representative of the person from whom
the body parts were removed who is authorized by law or contract to arrange
for
the disposition of the body parts the person who has the right of disposition under section 2108.70 or 2108.83 of the Revised Code may serve as the authorizing agent for the
cremation of the body parts. (C) If body parts were removed
from a decedent whose body was donated to science for purposes of medical
education or research, the person who has the right of disposition under section 2108.70 or 2108.83 of the Revised Code may serve as the authorizing agent for the cremation of the body parts. In the absence of any action by the person with the right of disposition with respect to the cremation of such body parts, the medical education or research facility to which the
decedent's body was donated may serve as the authorizing agent for the
cremation of the body such parts.
Section 2. That existing sections 2101.24, 2106.20, 2108.50, 2109.02, 2111.13, 2113.031, 2113.37, 2117.25, 4717.21, and 4717.22 of the Revised Code are hereby repealed.
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