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Non Waivable Duties for an Agent Under Ohio Power of Attorney Act

February 11, 2021, by Daniel McGowan, on Probate Law and Procedure |

Section 1337.34(A) of the Ohio Power of Attorney Act provides some non-waivable duties for an agent that has accepted appointment:

  • Act in accordance with the principal's reasonable expectations to extent actually known, otherwise, act in principal's best interest
  • Act in good faith
  • Act only within the scope of authority
  • Attempt to preserve the principal's estate plan to the extent actually known if preserving the plan is consistent with best interest.