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.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1337 | Power of Attorney
Section 1337.01 | Power of Attorney.
Section 1337.02 | Form and Effect of Power of Attorney.
Section 1337.03 | Validity of Certain Acts of Attorney in Fact.
Section 1337.04 | Recording of Power of Attorney.
Section 1337.05 | Revocation of Power of Attorney Must Be Recorded.
Section 1337.06 | Execution and Evidence of Power of Attorney.
Section 1337.07 | Admission of Power of Attorney to Record.
Section 1337.08 | Record of Power of Attorney Authorizing Transfer of Personal Property.
Section 1337.092 | Personal Liability.
Section 1337.10 | Fees of Recorder - Microfilm Process.
Section 1337.11 | Durable Power of Attorney for Health Care Definitions.
Section 1337.12 | Formality of Execution.
Section 1337.13 | Authority of Attorney in Fact Under a Durable Power of Attorney for Health Care.
Section 1337.16 | Duties of Health Care Providers.
Section 1337.17 | Printed Form - Durable Power of Attorney for Health Care.
Section 1337.21 | Short Title.
Section 1337.22 | Definitions.
Section 1337.23 | Applicability.
Section 1337.24 | Power of Attorney Is Durable.
Section 1337.25 | Execution of Power of Attorney.
Section 1337.26 | Validity of Power of Attorney.
Section 1337.27 | Meaning and Effect of Power of Attorney.
Section 1337.28 | Nomination of Guardian; Relation of Agent to Court-Appointed Fiduciary.
Section 1337.29 | When Power of Attorney Effective.
Section 1337.30 | Termination of Power of Attorney or Agent's Authority.
Section 1337.31 | Coagents and Successor Agents.
Section 1337.32 | Reimbursement and Compensation of Agent.
Section 1337.33 | Agent's Acceptance.
Section 1337.34 | Agent's Duties.
Section 1337.35 | Exoneration of Agent.
Section 1337.36 | Judicial Relief.
Section 1337.37 | Agent's Liability.
Section 1337.38 | Agent's Resignation; Notice.
Section 1337.39 | Principles of Law and Equity.
Section 1337.40 | Conflict of Laws.
Section 1337.41 | Remedies Under Other Law.
Section 1337.42 | Authority That Requires Specific Grant; Grant of General Authority.
Section 1337.43 | Incorporation of Authority.
Section 1337.44 | Construction of Authority Generally.
Section 1337.45 | Real Property.
Section 1337.46 | Tangible Personal Property.
Section 1337.47 | Stocks and Bonds.
Section 1337.48 | Commodities and Options.
Section 1337.49 | Banks and Other Financial Institutions.
Section 1337.50 | Operation of Entity or Business.
Section 1337.51 | Insurance and Annuities.
Section 1337.52 | Estates, Trusts, and Other Beneficial Interests.
Section 1337.53 | Claims and Litigation.
Section 1337.54 | Personal and Family Maintenance.
Section 1337.55 | Benefits From Governmental Programs or Civil or Military Service.
Section 1337.56 | Retirement Plans.
Section 1337.571 | Digital Assets.
Section 1337.59 | Construction Under Former Law.
Section 1337.60 | Statutory Form Power of Attorney.
Section 1337.61 | Agent's Certification.
Section 1337.62 | Uniformity of Application and Construction.
Section 1337.63 | Relation to Electronic Signatures in Global and National Commerce Act.