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H. B. No. 449 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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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
Code be amended to read as follows:
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 name, last known address, and last known telephone
number of the representative or, if the representative is a group
of persons, the name, last known address, and last known telephone
number of each person in the group;
(5) If the declarant chooses to have a 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 2108.75 of the
Revised Code, the declarant appoints a successor representative;
(6) If applicable, the name, last known address, and last
known telephone number of the successor representative or, if the
successor representative is a group of persons, the name, last
known address, and last known telephone number of each person in
the group;
(7) 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;
(8) 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;
(9) A statement that the declarant's written declaration
becomes effective on the declarant's death;
(10) A statement that the declarant revokes 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.;
(11) A space where the declarant can sign and date the
written declaration;
(12) 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.)
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Name(s): |
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Address(es): |
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Telephone Number(s): |
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SUCCESSOR REPRESENTATIVE:
If my representative is disqualified from serving as my
representative as described in section 2108.75 of the Revised
Code, then I hereby appoint the following person or group of
persons to serve as my successor representative.
(If the successor representative is a group of persons,
indicate the name, last known address, and telephone number of
each person in the group.)
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Name(s): |
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Address(es): |
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Telephone Number(s): |
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PREFERENCES REGARDING HOW THE RIGHT OF DISPOSITION SHOULD BE
EXERCISED, INCLUDING ANY RELIGIOUS OBSERVANCES THE DECLARANT
WISHES A REPRESENTATIVE OR A 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,
successor representative, becomes effective upon my death.
PRIOR APPOINTMENTS REVOKED:
I hereby revoke 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.
I hereby agree that any of the following that receives a copy
of this written declaration may act under it:
- 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.
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Signed this ...... day of ....... |
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(Signature of declarant) |
ACKNOWLEDGMENT OF ASSUMPTION OF OBLIGATIONS AND COSTS:
By signing below, the representative, or successor
representative, if applicable, acknowledges that he or she, as
representative or 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 or successor representative, as applicable, for the
right of disposition as defined in section 2108.70 of the Revised
Code.
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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) |
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Signed this ...... day of ....... |
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Signature of successor representative (if 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 or successor
representative, I am at least eighteen years of age, and I am not
related to the declarant by blood, marriage, or adoption.
First witness: |
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Name (printed): |
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Residing at: |
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Signature: |
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Date: |
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Second witness: |
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Name (printed): |
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Residing at: |
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Signature: |
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Date: |
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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.
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Signature of notary public |
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My commission expires on: |
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(C) Completion of a DD Form 93, Record of Emergency Data, is
sufficient to constitute a written declaration under section
2108.70 of the Revised Code.
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 one 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.
(C) If the written declaration is a DD Form 93, Record of
Emergency Data, by whomever the form requires.
Section 2. That existing sections 2108.72 and 2108.73 of the
Revised Code are hereby repealed.
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