Ohio Revised Code Search
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Section 1337.01 | Power of attorney.
...A power of attorney for the conveyance, mortgage, or lease of any interest in real property shall be signed, acknowledged, and certified as provided in section 5301.01 of the Revised Code. |
Section 1337.02 | Form and effect of power of attorney.
... property, made by virtue of a power of attorney, must contain the name of the grantor, mortgagor, or lessor, and shall convey, mortgage, or lease the interest of such grantor, mortgagor, or lessor as fully as if such deed, mortgage, or lease were executed by such grantor, mortgagor, or lessor, in person. At any time previous to the conveyance, mortgage, or lease, the grantor, mortgagor, or lessor may revoke such pow... |
Section 1337.03 | Validity of certain acts of attorney in fact.
...on acting for another, under a power of attorney, acknowledged, and recorded, is invalid or defective because he, instead of his principal, is named in such deed as such attorney as grantor; nor because his name, as such attorney, is subscribed to such deed, instead of the name of his principal; nor because the certificate of acknowledgment, instead of setting forth that the deed was acknowledged by the principal, b... |
Section 1337.04 | Recording of power of attorney.
...ttorney, or an affidavit that meets the requirements of division (C) of this section. (G) The amendments to this section by S.B. 94 of the 135th general assembly have no effect on the law of constructive notice or chain of title analysis set forth in Spring Lakes Ltd. v. O.F.M. Co., 12 Ohio St.3d 333 (1984) ; Ohio Turnpike Commission v. Spellman Outdoor Advertising Services, LLC, 2010-Ohio-1705 ; and Spellman Outdo... |
Section 1337.05 | Revocation of power of attorney must be recorded.
...No instrument containing a power of attorney for the conveyance, mortgage, or lease of an interest in real property, which has been recorded, will be revoked by any act of the person by whom it was executed, unless the instrument containing such revocation is also recorded in the same office in which the instrument containing the power of attorney was recorded. |
Section 1337.06 | Execution and evidence of power of attorney.
...A power of attorney for the transfer of personal property or the transaction of business relating to the transfer of personal property, in order to be admitted to record as provided in section 1337.07 of the Revised Code, shall be signed and acknowledged in the same manner as deeds and mortgages under section 5301.01 of the Revised Code. When so executed, acknowledged, and recorded, a copy of the record, certified ... |
Section 1337.07 | Admission of power of attorney to record.
...y person interested may have a power of attorney authorizing the transfer of personal property or the transaction of any business relating thereto admitted to record in the office of the county recorder of the county in which such property is situated, or in which any of such business is to be transacted. |
Section 1337.08 | Record of power of attorney authorizing transfer of personal property.
... in the official records all powers of attorney authorizing the transfer of personal property or the transaction of any business relating thereto. Upon presentation of such a power of attorney, the county recorder shall endorse thereon the date of its presentation, and after it is recorded endorse thereon the time at which the instrument was recorded, and the number or letter and page of the official records i... |
Section 1337.092 | Personal liability.
... fact," "as attorney in fact," "AIF," "power of attorney," "POA," or any other word or words or initialism indicating representative capacity as an attorney in fact are included in a contract following the name or signature of an attorney in fact, the inclusion is sufficient disclosure for purposes of this division that the contract is being entered into in the attorney in fact's representative capacity as atto... |
Section 1337.10 | Fees of recorder - microfilm process.
...ame fee for the recording of a power of attorney authorizing the transfer of personal property or the transaction of business relating to the transfer of personal property, the indexing of that instrument, and for making a certified copy of the record of the instrument, that the recorder is allowed by section 317.32 of the Revised Code to charge for similar services in regard to other instruments. In a county i... |
Section 1337.11 | Durable power of attorney for health care definitions.
...As used in sections 1337.11 to 1337.17 of the Revised Code: (A) "Adult" means a person who is eighteen years of age or older. (B) "Attending physician" means the physician to whom a principal or the family of a principal has assigned primary responsibility for the treatment or care of the principal or, if the responsibility has not been assigned, the physician who has accepted that responsibility. (C) "Comfort ... |
Section 1337.12 | Formality of execution.
...ily may create a valid durable power of attorney for health care by executing a durable power of attorney, in accordance with section 1337.24 of the Revised Code, that authorizes an attorney in fact as described in division (A)(2) of this section to make health care decisions for the principal at any time that the attending physician of the principal determines that the principal has lost the capacity to make i... |
Section 1337.14 | Revocation.
...al who creates a valid durable power of attorney for health care may revoke that instrument or the designation of the attorney in fact under it. The principal may so revoke at any time and in any manner. The revocation shall be effective when the principal expresses an intention to so revoke, except that, if the principal made the principal's attending physician aware of the durable power of attorney for health ca... |
Section 1337.21 | Short title.
...de may be cited as the uniform power of attorney act. |
Section 1337.22 | Definitions.
... agent's authority is delegated. (B) "Durable," with respect to a power of attorney, means not terminated by the principal's incapacity. (C) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (D) "Good faith" means honesty in fact. (E) "Incapacity" means inability of an individual to manage property or business affairs ... |
Section 1337.23 | Applicability.
...he Revised Code apply to all powers of attorney except the following: (A) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (B) A power to make health-care decisions; (C) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; (D) A... |
Section 1337.24 | Power of attorney is durable.
...37.21 to 1337.64 of the Revised Code is durable unless it expressly provides that it is terminated by the incapacity of the principal. |
Section 1337.25 | Execution of power of attorney.
...A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. |
Section 1337.26 | Validity of power of attorney.
...337.27 of the Revised Code or with the requirements for a military power of attorney pursuant to 10 U.S.C. 1044b. (D) Except as otherwise provided by statute other than sections 1337.21 to 1337.64 of the Revised Code, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. |
Section 1337.27 | Meaning and effect of power of attorney.
...The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. |
Section 1337.28 | Nomination of guardian; relation of agent to court-appointed fiduciary.
...(A) In a power of attorney, a principal may nominate a guardian of the principal's person, estate, or both and may nominate a guardian of the person, the estate, or both of one or more of the principal's minor children or incompetent adult children, whether born at the time of the execution of the power of attorney or afterward. The nomination is for consideration by a court if proceedings for the appointment o... |
Section 1337.29 | When power of attorney effective.
...(A) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (B) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or ot... |
Section 1337.30 | Termination of power of attorney or agent's authority.
...tated, if the power of attorney is not durable; (3) The principal revokes the power of attorney; (4) The power of attorney provides that it terminates; (5) The purpose of the power of attorney is accomplished; (6) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. (B... |
Section 1337.31 | Coagents and successor agents.
...to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. (B) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, of... |
Section 1337.32 | Reimbursement and compensation of agent.
...Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. |