Ohio Revised Code Search

...that the principal is incapacitated may act as the principal's personal representative pursuant to 42 U.S.C. 1320d to 1320d-8, and applicable regulations, to obtain access to the principal's health-care information and communicate with the principal's health-care provider.

... does not provide for another agent to act under the power of attorney. (B) An agent's authority terminates when any of the following occurs: (1) The principal revokes the authority; (2) The agent dies, becomes incapacitated, or resigns; (3) An action is filed for the divorce, dissolution, or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise ...

...l may designate two or more persons 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...

...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.

...Except 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.

...t 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 principal's estate plan to the extent actually known by the agent if preserving the plan i...

...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...

...ardian, 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 descendant; (5) An individual who would qualify as a presumptive heir of the principal; (6) A person named as a beneficiary to receive any property, benefi...

...An agent that violates sections 1337.21 to 1337.64 of the Revised Code is liable to the principal or the principal's successors in interest for the amount required to restore the value of the principal's property to what it would have been had the violation not occurred and the amount required to reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agen...

...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: ...

...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.

...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.

...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.

...hstanding a grant of authority to do an act described in division (A) of this section, unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gi...

...(A) An agent has authority described in sections 1337.42 to 1337.58 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 d...

...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 following: (A) Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburs...

...e, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property that exists or is asserted; (E) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including all of the following: (1) Insure against liability or casualty or other loss; (2) Obtain or regain possession of or protect the interest or ri...

...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...

...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...

...e, 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 terminate option accounts.

...tution selected by the agent; (C) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault; (D) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution; (E) Receive statements of account, vouchers, notices, and similar documents from a fi...

...egotiate, extend, and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney; (2) Determine all of the following: (a) The location of its operation; (b) The nature and extent of its business; (c) The methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation; (d) The amo...

..., rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract; (B) Procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents and select the amount, typ...

... of trust, or other instrument or transaction affecting the interest of the principal; (5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary; (6) Conserve, invest, disburse, or use anything received for an authorized purpose; (7) Transfer an interest of the principal i...

...ncy a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief; (B) Bring an action to determine adverse claims or intervene or otherwise participate in litigation; (C) Seek an ...