Effective: March 22, 2012
Latest Legislation: Senate Bill 117 - 129th General Assembly
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to do all of the following:
(A) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(B) Bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(C) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(D) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(E) Submit to alternative dispute resolution, settle, and propose or accept a compromise;
(F) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(G) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value;
(H) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation;
(I) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
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.