Ohio Rev. Code § 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.
Chapter 1337 | Power Of Attorney
Ohio · statute · Ohio Rev. Code ch. 1337 · 62 active provisions
Provisions
Ohio Rev. Code § 1337.02
Form and effect of power of attorney.
A deed, mortgage, or lease of any interest in real 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 grant…
Ohio Rev. Code § 1337.03
Validity of certain acts of attorney in fact.
No deed executed by a person 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 principa…
Ohio Rev. Code § 1337.04
Recording of power of attorney.
(A) As used in this section, "real property interest" means a deed, mortgage, land installment contract, or lease. (B) A power of attorney used for the execution of a real property instrument shall be properly executed and acknowledged by the principal before the execution and acknowledgement of such real property inst…
Ohio Rev. Code § 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 con…
Ohio Rev. Code § 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 o…
Ohio Rev. Code § 1337.07
Admission of power of attorney to record.
Any 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.
Ohio Rev. Code § 1337.08
Record of power of attorney authorizing transfer of personal property.
The county recorder shall record 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 record…
Ohio Rev. Code § 1337.092
Personal liability.
(A) If an attorney in fact enters into a contract in the representative capacity of the attorney in fact, if the contract is within the authority of the attorney in fact, and if the attorney in fact discloses in the contract that it is being entered into in the representative capacity of the attorney in fact, the attor…
Ohio Rev. Code § 1337.10
Fees of recorder - microfilm process.
The county recorder shall charge the same 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 re…
Ohio Rev. Code § 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 responsib…
Ohio Rev. Code § 1337.12
Formality of execution.
(A)(1) An adult who is of sound mind voluntarily 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 decision…
Ohio Rev. Code § 1337.13
Authority of attorney in fact under a durable power of attorney for health care.
(A)(1) An attorney in fact under a durable power of attorney for health care shall make health care decisions for the principal only if the instrument substantially complies with section 1337.12 of the Revised Code and specifically authorizes the attorney in fact to make health care decisions for the principal, and onl…
Ohio Rev. Code § 1337.14
Revocation.
(A) A principal 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, i…
Ohio Rev. Code § 1337.15
Immunity.
(A) Subject to division (H) of this section, an attending physician of a principal is not subject to criminal prosecution or professional disciplinary action and is not liable in damages in a tort or other civil action for actions taken in good faith and in reliance on a health care decision when all of the following a…
Ohio Rev. Code § 1337.16
Duties of health care providers.
(A) No physician, health care facility, other health care provider, person authorized to engage in the business of insurance in this state under Title XXXIX of the Revised Code, health insuring corporation, other health care plan, or legal entity that is self-insured and provides benefits to its employees or members sh…
Ohio Rev. Code § 1337.17
Printed form - durable power of attorney for health care.
A printed form of durable power of attorney for health care may be sold or otherwise distributed in this state for use by adults who are not advised by an attorney. By use of such a printed form, a principal may authorize an attorney in fact to make health care decisions on the principal's behalf, but the printed form…
Ohio Rev. Code § 1337.21
Short title.
Sections 1337.21 to 1337.64 of the Revised Code may be cited as the uniform power of attorney act.
Ohio Rev. Code § 1337.22
Definitions.
As used in sections 1337.21 to 1337.64 of the Revised Code: (A) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. "Agent" includes an original agent, coagent, successor agent, and a person to which an agent's authorit…
Ohio Rev. Code § 1337.23
Applicability.
Sections 1337.21 to 1337.64 of the 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…
Ohio Rev. Code § 1337.24
Power of attorney is durable.
A power of attorney created under sections 1337.21 to 1337.64 of the Revised Code is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Ohio Rev. Code § 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 pub…
Ohio Rev. Code § 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 stat…
Ohio Rev. Code § 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.
Ohio Rev. Code § 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…
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