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OTS 3.9

3.9 CONVEYANCES-POWERS OF ATTORNEY

Problem A:

Is one spouse competent to act for the other under a power of attorney to convey the land or to release dower?

Standard A:

Yes.

Problem B:

Should it be presumed that the donor of a power of attorney was living at the time it was exercised?

Standard B:

Yes, if the instrument executed pursuant to the power has been of record for more than twenty-one years, or if the other circumstances justify the presumption.

(Effective May 19, 1955)

Problem C:

If a power of attorney includes a statement that the power of attorney becomes effective only upon the occurrence of a specified event, as the disability or incapacity or adjudged incompetency of the principal as provided in R.C. Sec. 1337.09, should proof of the occurrence of the contingency be required?

Standard C:

Yes, if the instrument provides for the happening of a contingency, proof of that contingent event should be required and recorded.

(Problem C and Standard C added effective November 11, 1989)

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