reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1336 | Ohio Uniform Fraudulent Transfer Act › Section 1336.02 | Insolvent Debtor.

Effective:
September 28, 1990
Latest Legislation:
House Bill 506 - 118th General Assembly
(A)(1) A debtor is insolvent if the sum of the debts of the debtor is greater than all of the assets of the debtor at a fair valuation.
(2) A debtor who generally is not paying his debts as they become due is presumed to be insolvent.
(B) A partnership is insolvent under division (A)(1) of this section if the sum of the debts of the partnership is greater than the aggregate, at a fair valuation, of all of the assets of the partnership and the sum of the excess of the value of the nonpartnership assets of each general partner over the nonpartnership debts of the general partner.
(C) For purposes of this section:
(1) "Assets" do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors, or that has been transferred in a manner making the transfer fraudulent under section 1336.04 or 1336.05 of the Revised Code.
(2) "Debts" do not include an obligation to the extent that it is secured by a valid lien on property of the debtor not included as an asset.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1336 | Ohio Uniform Fraudulent Transfer Act › Section 1336.03 | Giving Value.

Effective:
September 28, 1990
Latest Legislation:
House Bill 506 - 118th General Assembly
(A) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the business of the promisor to furnish support to the debtor or another person.
(B) For the purposes of division (A)(2) of section 1336.04 and division (A) of section 1336.05 of the Revised Code, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(C) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and in fact is substantially contemporaneous.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1336 | Ohio Uniform Fraudulent Transfer Act › Section 1336.04 | Transfer Made or Obligation Incurred Fraudulent as to Creditor.

Effective:
March 27, 2013
Latest Legislation:
House Bill 479 - 129th General Assembly
(A) A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor, whether the claim of the creditor arose before, or within a reasonable time not to exceed four years after, the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation in either of the following ways:
(1) With actual intent to hinder, delay, or defraud any creditor of the debtor;
(2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and if either of the following applies:
(a) The debtor was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction;
(b) The debtor intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.
(B) In determining actual intent under division (A)(1) of this section, consideration may be given to all relevant factors, including, but not limited to, the following:
(1) Whether the transfer or obligation was to an insider;
(2) Whether the debtor retained possession or control of the property transferred after the transfer;
(3) Whether the transfer or obligation was disclosed or concealed;
(4) Whether before the transfer was made or the obligation was incurred, the debtor had been sued or threatened with suit;
(5) Whether the transfer was of substantially all of the assets of the debtor;
(6) Whether the debtor absconded;
(7) Whether the debtor removed or concealed assets;
(8) Whether the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(9) Whether the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(10) Whether the transfer occurred shortly before or shortly after a substantial debt was incurred;
(11) Whether the debtor transferred the essential assets of the business to a lienholder who transferred the assets to an insider of the debtor.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1336 | Ohio Uniform Fraudulent Transfer Act › Section 1336.05 | Claims Arising Before the Transfer or Obligation Incurred.

Effective:
September 28, 1990
Latest Legislation:
House Bill 506 - 118th General Assembly
(A) A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(B) A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the transfer was made to or the obligation was incurred with respect to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1336 | Ohio Uniform Fraudulent Transfer Act › Section 1336.06 | When Transfer Made or Obligation Incurred.

Effective:
September 28, 1990
Latest Legislation:
House Bill 506 - 118th General Assembly
For the purposes of this chapter:
(A)(1) A transfer is made if either of the following applies:
(a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee;
(b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee.
(2)(a) If applicable law permits the transfer to be perfected as provided in division (A) of this section and the transfer is not so perfected before the commencement of an action for relief arising out of a transfer that is fraudulent under section 1336.04 or 1336.05 of the Revised Code, the transfer is deemed made immediately before the commencement of the action.
(b) If applicable law does not permit the transfer to be perfected as provided in division (A) of this section, the transfer is made when it becomes effective between the debtor and the transferee.
(3) A transfer is not made until the debtor has acquired rights in the asset transferred.
(B) An obligation is incurred as follows:
(1) If oral, when it becomes effective between the parties;
(2) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1336 | Ohio Uniform Fraudulent Transfer Act › Section 1336.07 | Remedies of Creditor.

Effective:
January 1, 1998
Latest Legislation:
House Bill 352 - 122nd General Assembly
(A) In an action for relief arising out of a transfer or an obligation that is fraudulent under section 1336.04 or 1336.05 of the Revised Code, a creditor or a child support enforcement agency on behalf of a support creditor, subject to the limitations in section 1336.08 of the Revised Code, may obtain one of the following:
(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the claim of the creditor;
(2) An attachment or garnishment against the asset transferred or other property of the transferee in accordance with Chapters 2715. and 2716. of the Revised Code;
(3) Subject to the applicable principles of equity and in accordance with the Rules of Civil Procedure, any of the following:
(a) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(b) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee;
(c) Any other relief that the circumstances may require.
(B) If a creditor or child support enforcement agency has obtained a judgment on a claim against the debtor, the creditor or agency, if the court so orders, may levy execution on the asset transferred or its proceeds in accordance with Chapter 2329. of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1336 | Ohio Uniform Fraudulent Transfer Act › Section 1336.08 | Bona Fide Transfers - Voidable Transfers.

Effective:
July 1, 2001
Latest Legislation:
Senate Bill 74 - 124th General Assembly
(A) A transfer or an obligation is not fraudulent under division (A)(1) of section 1336.04 of the Revised Code against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.
(B)(1) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor or a child support enforcement agency under division (A)(1) of section 1336.07 of the Revised Code, the creditor or agency may recover a judgment for the value of the asset transferred, as adjusted under division (B)(2) of this section, or the amount necessary to satisfy the claim of the creditor or agency, whichever is less. The judgment may be entered against either of the following:
(a) The first transferee of the asset or the person for whose benefit the transfer was made;
(b) Any subsequent transferee other than a good faith transferee who took for value or from any subsequent transferee.
(2) If the judgment under division (B)(1) of this section is based upon the value of the asset transferred, the judgment shall be in an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(C) Notwithstanding the voidability of a transfer or an obligation under division (A)(1) of section 1336.07 of the Revised Code, a good faith transferee or obligee is entitled, to the extent of the value given to the debtor for the transfer or obligation, to any of the following:
(1) A lien on or a right to retain any interest in the asset transferred;
(2) Enforcement of any obligation incurred;
(3) A reduction in the amount of the liability on the judgment.
(D) A transfer is not fraudulent under division (A)(2) of section 1336.04 or section 1336.05 of the Revised Code if the transfer results from either of the following:
(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law;
(2) Enforcement of a security interest in compliance with section sections 1309.601 to 1309.604 of the Revised Code.
(E) A transfer is not fraudulent under division (B) of section 1336.05 of the Revised Code as follows:
(1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made, unless the new value was secured by a valid lien;
(2) If made in the ordinary course of business or financial affairs of the debtor and the insider;
(3) If made pursuant to a good faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1336 | Ohio Uniform Fraudulent Transfer Act › Section 1336.09 | Statute of Limitations.

Effective:
September 28, 1990
Latest Legislation:
House Bill 506 - 118th General Assembly
A claim for relief with respect to a transfer or an obligation that is fraudulent under section 1336.04 or 1336.05 of the Revised Code is extinguished unless an action is brought in accordance with one of the following:
(A) If the transfer or obligation is fraudulent under division (A)(1) of section 1336.04 of the Revised Code, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or reasonably could have been discovered by the claimant;
(B) If the transfer or obligation is fraudulent under division (A)(2) of section 1336.04 or division (A) of section 1336.05 of the Revised Code, within four years after the transfer was made or the obligation was incurred;
(C) If the transfer or obligation is fraudulent under division (B) of section 1336.05 of the Revised Code, within one year after the transfer was made or the obligation was incurred.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1336 | Ohio Uniform Fraudulent Transfer Act › Section 1336.10 | Laws Supplementing Chapter.

Effective:
September 28, 1990
Latest Legislation:
House Bill 506 - 118th General Assembly
Unless displaced by this chapter, the principles of law and equity, including, but not limited to, the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement the provisions of this chapter.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.01 | Power of Attorney.

Effective:
February 1, 2001
Latest Legislation:
House Bill 279 - 124th General Assembly
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.02 | Form and Effect of Power of Attorney.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 grantor, mortgagor, or lessor, in person. At any time previous to the conveyance, mortgage, or lease, the grantor, mortgagor, or lessor may revoke such power of attorney.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.03 | Validity of Certain Acts of Attorney in Fact.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 principal; nor because the certificate of acknowledgment, instead of setting forth that the deed was acknowledged by the principal, by his attorney, sets forth that it was acknowledged by the person who executed it, as such attorney. All such deeds shall be as valid and effectual, in all respects, within the authority conferred by such powers of attorney, as if they had been executed by the principals of such attorneys, in person.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.04 | Recording of Power of Attorney.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A power of attorney for the conveyance, mortgage, or lease of an interest in real property must be recorded in the office of the county recorder of the county in which such property is situated, previous to the recording of a deed, mortgage, or lease by virtue of such power of attorney.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.05 | Revocation of Power of Attorney Must Be Recorded.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.06 | Execution and Evidence of Power of Attorney.

Effective:
February 1, 2002
Latest Legislation:
House Bill 279 - 124th General Assembly
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 by the county recorder, with the recorder's official seal affixed to it, shall be received in all courts and places within this state as prima-facie evidence of the existence of that instrument and as conclusive evidence of the existence of that record.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.07 | Admission of Power of Attorney to Record.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.08 | Record of Power of Attorney Authorizing Transfer of Personal Property.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
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 recorded endorse thereon the time at which the instrument was recorded, and the number or letter and page of the official records in which it is recorded. The county recorder also shall keep an index of each power of attorney so recorded as provided in section 317.18 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.092 | Personal Liability.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
(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 attorney in fact is not personally liable on the contract, unless the contract otherwise specifies. If the words or initialism "attorney in 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 attorney in fact.
(B) An attorney in fact is not personally liable for a debt of the attorney in fact's principal, unless one or more of the following applies:
(1) The attorney in fact agrees to be personally responsible for the debt.
(2) The debt was incurred for the support of the principal, and the attorney in fact is liable for that debt because of another legal relationship that gives rise to or results in a duty of support relative to the principal.
(3) The negligence of the attorney in fact gave rise to or resulted in the debt.
(4) An act of the attorney in fact that was beyond the attorney in fact's authority gave rise to or resulted in the debt.
(5) An agreement to assist in the recovery of funds under section 169.13 of the Revised Code was the subject of the power of attorney that gave rise to or resulted in the debt.
(C) This section applies but is not limited to, and the terms "power of attorney" and "attorney in fact" include but are not limited to, an agency agreement and an agent under an agency agreement.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.10 | Fees of Recorder - Microfilm Process.

Effective:
February 1, 2002
Latest Legislation:
House Bill 279 - 124th General Assembly
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 recorder is allowed by section 317.32 of the Revised Code to charge for similar services in regard to other instruments.
In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the recorder may require that all cancellations, releases, or other actions affecting recorded powers of attorney be by separate instrument, signed and acknowledged as provided by section 5301.01 of the Revised Code. The original instrument bearing the proper endorsement may be used as that separate instrument. Any cancellations, releases, or other actions described in this section shall be recorded in the books in which the powers of attorney were recorded. The fee for recordation shall be as set forth in this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.14 | Revocation.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
(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, if the principal made the principal's attending physician aware of the durable power of attorney for health care, the revocation shall be effective upon its communication to the attending physician by the principal, a witness to the revocation, or other health care personnel to whom the revocation is communicated by such a witness. Absent actual knowledge to the contrary, the attending physician of the principal and other health care personnel who are informed of the revocation of a durable power of attorney for health care by an alleged witness may rely on the information and act in accordance with the revocation.
(B) Upon the communication as described in division (A) of this section to the attending physician of a principal of the fact that the principal's durable power of attorney for health care has been revoked, the attending physician or other health care personnel acting under the direction of the attending physician shall make the fact a part of the principal's medical record.
(C) Unless the instrument provides otherwise, a valid durable power of attorney for health care revokes a prior, valid durable power of attorney for health care.
(D) Regardless of when the declaration is drafted, the execution of a declaration for mental health treatment does not revoke a valid durable power of attorney for health care. A declaration for mental health treatment executed in accordance with Chapter 2135. of the Revised Code supersedes a valid durable power of attorney for health care with regard to mental health treatment and the designation of a proxy to make decisions regarding mental health treatment.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.23 | Applicability.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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 decisions;
(C) A proxy or other delegation to exercise voting rights or management rights with respect to an entity;
(D) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.24 | Power of Attorney Is Durable.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.25 | Execution of Power of Attorney.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.26 | Validity of Power of Attorney.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
(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 this state is valid in this state if, when the power of attorney was executed, the execution complied with the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 1337.27 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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.27 | Meaning and Effect of Power of Attorney.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.29 | When Power of Attorney Effective.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
(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 other record that the event or contingency has occurred.
(C) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon one of the following determinations made in a writing or other record:
(1) A determination by a physician who has examined the principal or a licensed psychologist who has evaluated the principal that the principal is incapacitated within the meaning of division (E)(1) of section 1337.22 of the Revised Code;
(2) A determination by an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of division (E)(2) of section 1337.22 of the Revised Code.
(D) A person authorized by the principal in the power of attorney to determine 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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.30 | Termination of Power of Attorney or Agent's Authority.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
(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, becomes incapacitated, or resigns, and the power of attorney 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 provides;
(4) The power of attorney terminates.
(C) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under division (B) of this section, notwithstanding a lapse of time since the execution of the power of attorney.
(D) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(E) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(F) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.31 | Coagents and Successor Agents.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
(A) A principal 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 other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent has the same authority as that granted to the original agent and may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(C) Except as otherwise provided in the power of attorney and division (D) of this section, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(D) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this division is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken action as required by this division.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.32 | Reimbursement and Compensation of Agent.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.33 | Agent's Acceptance.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.35 | Exoneration of Agent.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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 best interest of the principal.
(B) The provision was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.36 | Judicial Relief.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
(A) Any of the following persons may petition 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 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, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(7) A governmental agency having regulatory authority to protect the welfare of the principal;
(8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare;
(9) A person asked to accept the power of attorney.
(B) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.37 | Agent's Liability.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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 agent's behalf.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.38 | Agent's Resignation; Notice.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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:
(1) The principal's caregiver;
(2) Another person reasonably believed by the agent to have sufficient interest in the principal's welfare;
(3) A governmental agency having authority to protect the welfare of the principal.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.39 | Principles of Law and Equity.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.40 | Conflict of Laws.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.41 | Remedies Under Other Law.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.42 | Authority That Requires Specific Grant; Grant of General Authority.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
(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 settlor, if the trust agreement expressly authorizes the agent to exercise the principal's powers with respect to the revocation, amendment, or distribution:
(1) Create, amend, revoke, or terminate an inter vivos trust to the extent permitted by section 5801.05 of the Revised Code or any other provision of Title LVIII of the Revised Code;
(2) Make a gift;
(3) Create or change rights of survivorship;
(4) Create or change a beneficiary designation;
(5) Delegate authority granted under the power of attorney;
(6) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
(7) Exercise fiduciary powers that the principal has authority to delegate.
(B) Notwithstanding 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 gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.
(C) Subject to divisions (A), (B), (D), and (E) of this section, if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in sections 1337.45 to 1337.57 of the Revised Code.
(D) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to section 1337.58 of the Revised Code.
(E) Subject to divisions (A), (B), and (D) of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
(F) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
(G) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.43 | Incorporation of Authority.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
(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 descriptive term for a subject in sections 1337.45 to 1337.58 of the Revised Code or a citation to any of those sections incorporates the entire section as if it were set out in full in the power of attorney.
(C) A principal may modify authority incorporated by reference.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1337 | Power of Attorney › Section 1337.44 | Construction of Authority Generally.

Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
Except 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 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, disburse, or use anything so received or obtained for the purposes intended;
(B) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;
(C) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;
(D) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;
(E) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;
(F) Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;
(G) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;
(H) Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;
(I) Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means;
(J) Do any lawful act with respect to the subject and all property related to the subject.