oSub. H.B. 246

Effective:  March 29, 2006

·        Creates a statutory form that may be used to create a power of attorney.

·        Sets forth the general authority of an agent (attorney-in-fact) with respect to particular powers granted in a power of attorney.

·        Construes particular powers granted in a power of attorney by use of the statutory form or by incorporation by reference to R.C. 1337.20, enacted by the act.

·        Defines automobile to include a motorcycle for purposes of the selection by a surviving spouse of automobiles belonging to the decedent spouse.

Am. H.B. 265

Effective:  July 20, 2006

·        Provides a procedure for a probate court to treat a document as a will notwithstanding its noncompliance with the statutory formalities for executing wills.

·        Allows the executor of a will to recover court costs and attorney's fees from the attorney, if any, responsible for the execution of a document that purports to be a will if the probate court holds a hearing and finds that the proponent of the document as a purported will has established by clear and convincing evidence that (1) the decedent prepared the document or caused the document to be prepared, (2) the decedent signed the document and intended the document to constitute the decedent's will, and (3) two or more witnesses saw the decedent sign the document.

Am. Sub. H.B. 426

Effective:  October 12, 2006

·        Grants the probate court exclusive jurisdiction over actions related to the right of disposition created by the bill and the disinterment and reinterment of human remains.

·        Authorizes an adult of sound mind to execute a written declaration assigning to a representative the rights to direct the disposition, after death, of the declarant's body or any part of the declarant's body that becomes separated from the body before death and to make arrangements and purchase goods and services for the declarant's funeral and burial, cremation, or other final disposition.

·        Sets forth the requirements of form and content for a declaration assigning the right of disposition.

·        Establishes the powers, qualifications, and liability of representatives and successor representatives to whom the right of disposition has been assigned.

·        Establishes an order of priority for the right of disposition in the absence of a valid declaration or of representatives qualified to exercise the right of disposition.

·        Sets forth criteria for the disqualification of a person from serving as a declarant's representative or successor representative and from having a statutory right of disposition.

·        Requires that preneed funeral contracts, preneed cemetery and merchandise contracts, and antemortem cremation authorization forms contain a notice regarding the right of disposition.

·        Gives to a person having the right of disposition the authority to consent to an autopsy or post-mortem examination.

·        Designates the person having the right of disposition as the authorizing agent for cremation of the body or body parts and modification or cancellation of an antemortem cremation authorization.

·        Sets forth the rights and immunities of funeral homes in the event of a dispute over the right of disposition.

·        Increases the value of the assets of an estate that may qualify for a summary release from administration, the amount that may be spent for funeral expenses by an applicant for a summary release from administration, and the amounts that may be allocated to funeral expenses by an executor or administrator and makes other changes related to the administration of estates.

Sub. H.B. 416

Effective:  January 1, 2007 

·        Adopts the Ohio Trust Code and amends the Ohio Uniform Prudent Investor Act, regulating the creation, administration, modification, and termination of trusts and the powers and duties of settlors, trustees, beneficiaries, and the courts.

·        Provides for private settlement agreements among beneficiaries and trustees.

·        Moves existing Revised Code sections dealing with the Uniform Principal and Income Act, the Institutional Trust Funds Act, the Ohio Transfers to Minors Act, issuers of securities and holders of record, fiduciary bank accounts, powers of appointment, amortization of premiums, inter vivos or testamentary trusts, and consignment of art works to dealers to new Revised Code Chapters 5812., 5813., 5814., and 5815.