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Advanced Directives and Ohio Power of Attorney

February 10, 2021, by Daniel McGowan, on Probate Law and Procedure |

House Bill 432 revised the law governing decedents' estates which was enacted by the 131st General Assembly, became effective on April 6, 2017.  The core changes to the Durable Power of Attorney Act include:

  • R.C. 2127 guardian sale of real estate
  • R.C. 1337.571/ amendment to 1337.60 to define agent's authority over digital assets
  • R.C. 5804.02 authority of agent to create a trust. 

Now, thesale of real estate by a guardian includes the option by the guardian to sell at public or private sale, etc.

  • Written consent from spouse/persons entitled to the next estate of inheritance filed with court
  • At least 80% of appraised value
  • No consent if spouse or any next of kin is a minor
  • Additional bond is required.