Probate Legislation
122nd General Assembly (1997 - 1998) |
These summaries are listed for information purposes only and should not be read as the law. Anyone interested in the subject matter of these summaries may review the enacted statutes. |
HB 352 - Child Support Law Revisions |
| Effective date: 01/01/1998 |
SUMMARY - This bill amends and enacts numerous provisions of child support law. Relevant to the probate court, this bill transfers jurisdiction of declaration of paternity from the probate division to the domestic division. It also provides for the filing of a lien for child support in the recorder's office which shall be a lien against all personal property, including after acquired property. Amended 6/19/97 |
Sub. HB 354 - Medical Resuscitation |
| Effective date: 07/09/1998 |
SUMMARY - This act allows a person to include in a living will an authorization to withhold CPR. It requires the Department of Health to establish a protocol for withholding CPR from a patient who requests that it be withheld and to approve one or more standard forms on DNR identification. The act requires emergency service providers to follow the do-not-resuscitate (DNR) protocol and to withhold CPR from a person with DNR identification. Additionally, the act provides immunity for not doing CPR on a person who possesses DNR identification and for doing it on request despite a person's DNR identification. The act establishes criminal penalties for concealing information that a person has revoked a DNR order or for altering a document in order to cause the use of withholding of CPR. The act also specifies which prevails when there is a conflict between a living will, a durable power of attorney for health care, and DNR identification. For example, the living will supersedes DNR that is based on a prior inconsistent living will or a DNR order issued by a physical that is inconsistent with the living will. The act further prohibits insurers and health care providers from interpreting, modifying, or refusing to issue an insurance policy base on whether a person possesses DNR identification. The act also requires a residential care facility transfer a resident if unable or unwilling to comply with the provision of the living will and specifies when punitive damages for violation of the rights of residents of long term facilities can be recovered. AMENDS: 11337.12, 2133.01, 2133.02, 2133.03, 213.07, 2133.10, 2133.12, 2133.13, 2133.14, 2133.15, 4506.07, 4507.06, and 4507.51 |
Am. Sub. HB 366 - Estates / No Administration |
| Effective date: 03/18/1999 |
SUMMARY - This act increases from $85,000.00 to $100,000.00 the maximum value of a decedent's estate that can be relieved from administration if the surviving spouse is entitled to inherit all assets of the estate under testate or intestate circumstances. Also increases from $25,000.00 to $40,000.00 the amount of the statutory allowance for support for a decedent's surviving spouse, minor children, or both if the decedent dies on or after the bill's effective date. AMENDS: 2113.03, 2106.13 |
Sub. HB 446 - Adoptions / Criminal Backgrounds |
| Effective date: 08/05/1998 |
SUMMARY - This act establishes or changes the adoption assessments, pre-finalization assessments and rehabilitation standards a person with a criminal background must meet to become an adoptive or foster parent. Permits an adoption assessor that a probate court employed, appointed, or contracted with prior to 09/18/1996, to perform all assessor duties, rather than just home studies. Permits the probate court to employ, appoint, and contract with new probate court assessors; also allows the court or other agencies to employ an assessor in any other county or location outside this state where information is needed to complete the assessment; assessor is not required to conduct a pre-finalization assessment if the prospective adoptive parent is the child's stepparent, unless the probate court determines that a pre-finalization assessment is in the best interest of the child. The act further permits a probate court, after an assessor files a home study of pre-finalization assessment report or social and medical history, or DHS files a social and medical history, to order that the report of history be redone or supplemented if the court determines it does not comply with the requirements governing the report or history or does not enable the court to determine whether an adoption is in the best interest of the child. The act also requires ODHS to adopt rules establishing rehabilitation standards that a person seeking to become an adoptive or foster parent must meet if the person has been convicted of or pleaded guilty to certain offences. The probate court's issuance of a final decree of adoption or interlocutory order of adoption is subject to the prohibition against an entity permitting a person to become an adoptive parent if the person has a specified criminal history and does not need rehabilitation standards established by ODHS rules. AMENDS: 2101.01, 2101.11, 2151.86, 3107.012, 3107.12, 3107.14 |
HB 471 - Crime Reparations Continue if Spouse Remarries or Child is Adopted |
| Effective date: 03/10/1998 |
SUMMARY - This bill permits a minor child or surviving spouse of a deceased crime victim to receive an award of reparations based on a dependent's economic loss and replacement services even if the child is subsequently adopted or the spouse remarries. AMENDS: 2743.51 |
HB 523 - Crime Victims Reparations |
| Effective date: 06/30/1998 |
SUMMARY - Eliminates the requirement that an application for a reparations award contain specified information about dependents, medical treatment and the amount of benefits that the victim, a dependent or the claimant has received or is entitled to receive from a collateral source. The act also raises from $2,500.00 to $5,000.00 the cap on an award for funeral expenses that are recoverable from the Crime Victims Reparations Law. AMENDS: 2743.51, 2743.56 |
Sub. HB 701 - Uniform Prudent Investor Act |
| Effective date: 03/22/1999 |
SUMMARY - Adopts the Uniform Prudent Investor Act. Trustees are required to invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements and other circumstances of the trust. The Act adopts standards and requirements applicable to the management of trust assets, rather than specifying lists of permissible investments. If a trustee is appointed by and accountable to a probate court, the fiduciary is a "probate fiduciary" subject to Chapter 2109 instead of Chapter 1339. Chapter 2109 provides lists of investments that probate fiduciaries may invest in. A trustee who invests and manages a trust's assets under the act, owes a duty to beneficiaries to comply with the act, unless the trust provided otherwise or the trustee acts in reasonable reliance on the provisions of the trust. The trustee must exercise reasonable care, skill and caution. Trustees must make a reasonable effort to verify facts relevant to the investment and management of trust assets. A trustee who has special skill or expertise or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, has a duty to use those special skills or expertise. Absent an express agreement, attorneys of trustee, administrators and executors have a duty to persons to whom the fiduciary has a fiduciary obligation. The Ohio rule against perpetuities does not apply with respect to any property interest held in trust if the trust instrument specifically states that the rule or its associated "reserved power limitation" does not apply to the trust and if the trustee has unlimited power to sell all trust assets or one or more persons has the unlimited power to terminate the entire trust. AMENDS: 1111.13, 2109.37, 2109.371 |
