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)