Ohio Revised Code Search
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Section 1337.26 | Validity of power of attorney.
...(A) A power of attorney executed in this state on or after the effective date of this section is valid if its execution complies with section 1337.25 of the Revised Code. (B) A power of attorney executed in this state before the effective date of this section is valid if its execution complied with the law of this state as it existed at the time of execution. (C) A power of attorney executed other than in t... |
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.
...(A) A power of attorney terminates when any of the following occurs: (1) The principal dies; (2) The principal becomes incapacitated, 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, become... |
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. |
Section 1337.33 | Agent's acceptance.
... as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. |
Section 1337.34 | Agent's duties.
...ithstanding provisions in the power of attorney, an agent that has accepted appointment shall do all of the following: (1) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (2) Act in good faith; (3) Act only within the scope of authority granted in the power of attorney; (4) Attempt to preserve the prin... |
Section 1337.35 | Exoneration of agent.
...A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent that either of the following applies: (A) The provision relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the b... |
Section 1337.36 | Judicial relief.
...etition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief: (1) The principal or the agent; (2) A guardian, conservator, or other fiduciary acting for the principal, including an executor or administrator of the estate of a deceased principal; (3) A person authorized to make health-care decisions for the principal; (4) The principal's spouse, parent, or descen... |
Section 1337.37 | Agent's liability.
...cipal's successors in interest for the attorney's fees and costs paid on the agent's behalf. |
Section 1337.38 | Agent's resignation; notice.
...Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated, to whichever of the following applies: (A) The guardian, if one has been appointed for the principal, and any coagent or successor agent; (B) If there is no person described in division (A) of this section, to any of the following: ... |
Section 1337.39 | Principles of law and equity.
...Unless displaced by a provision of sections 1337.21 to 1337.64 of the Revised Code, the principles of law and equity supplement those sections. |
Section 1337.40 | Conflict of laws.
...In the event of a conflict between any provision of sections 1337.21 to 1337.64 of the Revised Code and any other provision of law applicable to financial institutions or other entities, the other provision of law controls. |
Section 1337.41 | Remedies under other law.
...The remedies provided under sections 1337.21 to 1337.64 of the Revised Code are not exclusive and do not abrogate any right or remedy under any other provision of law of this state. |
Section 1337.42 | Authority that requires specific grant; grant of general authority.
...(A) An agent under a power of attorney may do any of the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and if exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject, and, with respect to a revocable trust of which the principal was the set... |
Section 1337.43 | Incorporation of authority.
...58 of the Revised Code if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 1337.45 to 1337.58 of the Revised Code or cites the section of the Revised Code in which the authority is described. (B) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in sections 1337.45 to 1337.58 of t... |
Section 1337.44 | Construction of authority generally.
... as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in sections 1337.45 to 1337.58 of the Revised Code or that grants to an agent authority to do all acts that a principal could do pursuant to division (C) of section 1337.42 of the Revised Code, a principal authorizes the agent, with respect to that subject, to do all of the follow... |
Section 1337.45 | Real property.
...dent to real property; (I) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest. |
Section 1337.46 | Tangible personal property.
...Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to do all of the following: (A) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal prope... |
Section 1337.47 | Stocks and bonds.
...Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to do all of the following: (A) Buy, sell, and exchange stocks and bonds; (B) Establish, continue, modify, or terminate an account with respect to stocks and bonds; (C) Pledge stocks and bonds as security to borrow, pay, renew, or extend the time o... |
Section 1337.48 | Commodities and options.
...Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to do both of the following: (A) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; (B) Establish, continue, modify, and term... |
Section 1337.49 | Banks and other financial institutions.
...Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to do all of the following: (A) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal; (B) Establish, modify, and terminate an account or other banking arrangement with a b... |
Section 1337.50 | Operation of entity or business.
...ship interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to the operation of an entity or business authorizes the agent to do all of the following: (A) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest; (B) Perform a duty or discharge a liability and exercise in person or by proxy a right, power, privileg... |