3.9 CONVEYANCES-POWERS OF ATTORNEY
Is one spouse competent to act for the other under a power of attorney to convey the land or to release dower?
Should it be presumed that the donor of a power of attorney was living at the time it was exercised?
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)
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?
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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