OHIO LEGISLATIVE SERVICE COMMISSION
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H.B. 7 Final Analysis
134th General Assembly
Click here for H.B. 7’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsors: Reps. Grendell and Stewart
Effective date: August 17, 2021
Effective Date:
Aida S. Montano, Research Analyst
Yosef Schiff, Attorney
Amy L. Archer, Research Analyst
SUMMARY
Selection of automobiles by surviving spouse
 Modifies the law by providing that if the surviving spouse selected “more than one
automobile,” instead of one or more automobiles, the allowance for support is reduced
by the value of the automobile having the lowest value “of the automobiles” so
selected.
 Modifies the law by providing that if the surviving spouse selected “more than one
automobile,” the probate court, in considering the needs of the spouse and the minor
children when allocating a support allowance, must consider the benefit derived from
the transfer of the automobile having the lowest value “of the automobiles so selected.”
Guardianship Law changes
 Expands the powers of a guardian to include:
 Disclaiming the present, contingent, or expectant interests in the ward’s property;
 Creating, amending, or revoking revocable trusts of property of the ward’s estate
that may extend beyond the ward’s minority, disability, or life; and
 Changing beneficiaries of insurance policies, retirement plans, IRAs, and annuities.
 Expands the factors the court must consider to determine that a guardian’s exercise of a
particular power must not impair the financial ability of the ward’s estate to provide for
the ward’s maintenance needs, to include the disposition of property by the ward’s
revocable trust, and if there is no knowledge of such trust, the ward’s prospective heirs.
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 Modifies the law requiring the probate court to cause notice to be given and a hearing
to be conducted prior to exercising or directing the exercise of certain powers, such as
the power to create, amend, or revoke a revocable trust and to exercise rights to elect
options under annuities and insurance policies.
 Expands the types of persons to whom the notice is to be given to include the ward’s
heirs at law and next of kin and certain beneficiaries, such as those under the ward’s
existing will, revocable trust, or last known will; beneficiaries of insurance policies,
retirement plans, IRAs, and annuities owned by the ward; and others.
Nonprofit corporation as guardian of person of an incompetent
 Provides that certain nonprofit corporations may be appointed guardian of the person
of an incompetent upon being certified by the probate court.
 Requires the probate court to certify such nonprofit corporation and an individual acting
as guardian on its behalf upon meeting the requirements for serving as guardian in the
Rules of Superintendence for the Courts of Ohio and the rules of the probate court of
the county exercising jurisdiction over the incompetent.
 Prohibits a nonprofit corporation appointed as guardian of the person of an
incompetent from being the incompetent’s residential caregiver, health care provider,
or employer.
Anatomical Gift Act changes
 Eliminates the following as a manner of making an anatomical gift: (a) specifying in the
donor’s will an intent to make such a gift, or (b) specifying an intent to make such gift in
the donor’s declaration governing the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment.
 Removes law that an amendment of an anatomical gift made in a will was as provided
for amendment of wills and that a revocation of an anatomical gift made in a will was as
provided for revocation of wills and other statutory methods.
 Eliminates the provision for indicating a refusal to make a gift of the body or part in the
individual’s will, whether or not the will was admitted to probate or invalidated after the
individual’s death.
 Removes law dealing with the effects of a conflict between an anatomical gift and a
“declaration” (also known as living will) governing the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment.
 Eliminates the provision regarding the Second Chance Trust Fund’s money to be used to
encourage attorneys to assist their clients in making anatomical gifts through their wills
or their declarations or living wills.
 Repeals the provisions in the Declarations Law pertaining to making an anatomical gift
in a “declaration” governing the use or continuation, or the withholding or withdrawal,
of life-sustaining treatment.
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Ohio Trust Code changes
 Repeals law providing that upon the lapse, release, or waiver of the power of
withdrawal, the holder is treated as the settlor of the trust only to the extent the value
of the property affected by the lapse, release, or waiver exceeds the greater of specified
amounts determined under the Internal Revenue Code.
Ohio Legacy Trust Act (OLTA) changes
 Modifies the definitions of “disposition” and “qualified trustee” in the OLTA.
 Expands the definition of “qualified trustee” to include a “family trust company” (FTC) as
defined in the Ohio Family Trust Company Act (OFTCA) and which may or may not be
licensed under that Act, if all of specified requirements apply regarding the FTC’s
licensing status.
 Specifies that the records required to be maintained by a qualified trustee for the legacy
trust be electronic or physical records.
 Expands a transferor’s powers to include a power allowing the transferor, while acting in
a nonfiduciary capacity, to substitute property of equivalent value for any property that
is part of the principal of the legacy trust.
 Changes the reference to a court taking an action in the procedure for the
determination or selection of a successor or replacement trustee of a legacy trust, to a
reference to a court “entering or issuing an order.”
 Specifies that when determining whether a provision of law is similar to any provision of
the Ohio Uniform Fraudulent Transfer Act if there is a conflict between that Act and the
OLTA, a court must be liberal in finding that such similarity exists.
 Adds new provisions that apply if any disposition is made by a trustee of a first legacy
trust to a trustee of a second legacy trust, including:
 A provision that generally the disposition is considered a qualified disposition for the
benefit of all the beneficiaries of both the first and second legacy trusts;
 The specification of dates to apply when an item of property is to be treated as
having been transferred to a trustee of the second legacy trust;
 A provision that specifies that a qualified trustee of the first legacy trust may serve
as the qualified trustee of the second legacy trust.
 Specifies that the OLTA and its provisions reflect and embody the strong public policy of
Ohio.
Cemetery endowment care trusts
 Establishes two different distribution methods for cemetery endowment care trusts in
order to pay for cemetery expenses.
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 Expands the list of allowable trust expenses to which a trust distribution can be directed
to include investment expenses.
 Requires cemetery operators to report unitrust distribution percentages to the
Department of Commerce’s Division of Real Estate.
 Requires that the distribution method and, if a unitrust disbursement, the disbursement
percentage selected, remain in effect unless the cemetery notifies the trustees and the
Division of Real Estate.
 Establishes requirements and restrictions that the trustee must follow regarding
distribution and disbursement from a cemetery endowment care trust.
Referrals of civil actions to retired judge
 Modifies the law pertaining to referrals for adjudication of civil actions to retired judges
by providing that the parties’ written referral agreement must also include a procedure
for terminating the agreement, and authorizing, instead of requiring, the judge before
whom the action is pending to order the referral.
Probate judge’s account of fees
 Modifies the due date for the probate judge to file with the county auditor an itemized
account of fees received or charged by the judge in each case, examination, or
proceeding.
Involuntary mental health treatment
 Specifies that the diagnosis and prognosis of a respondent subject to involuntary mental
health treatment, made by a clinical nurse specialist or an advanced practice registered
nurse, with certain psychiatric training, may be considered when determining the most
appropriate treatment placement for the respondent.
Conformity of a legal name
 Permits a person desiring to conform the person’s legal name on an official identity
document to file an application in the probate court of the county in which the person
resides.
 Requires name conformity application to set forth (1) that the applicant has been a
resident of the county for at least 60 days, (2) an explanation of the misspelling,
inconsistency, or other error in the name, and (3) a description of the correction.
 Requires a name conformity application to be supported by an affidavit verifying
information on the applicant’s residency, purpose, debtor status, the truth, accuracy,
and completeness of submitted documentary evidence, and any other information the
court may require.
 Permits the probate court to issue an order to conform the applicant’s name on proof
that (1) the facts set forth in the application show that a misspelling, inconsistency, or
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other error exists and (2) reasonable and proper cause exists for issuing an order that
resolves the discrepancy and conforms the applicant’s name.
 Permits an application to conform a legal name to be made on behalf of a minor by the
minor’s parents, a legal guardian, a legal custodian, or a guardian ad litem.
 Applies the notice/consent requirements for minor name changes, as modified under
the act, to the name conformity requirements for minors.
 Prohibits an action to conform the legal name of a person or on behalf of a minor in lieu
of either (1) correction of a birth record or (2) changing a legal name to a name that is
not used in any existing official identity documents.
Change of legal name
 Specifies requirements for a change of name application and for the applicant’s affidavit
to support the application.
 Requires name change application to set forth (1) that the applicant has been a resident
of the county for at least 60 days (rather than one year as in prior law), (2) the reason
for the name change, and (3) the requested new name.
 Requires a name change application to be supported by an affidavit verifying
information on the applicant’s residency, purpose, debtor status, the truth, accuracy,
and completeness of submitted documentary evidence, and any other information the
court may require.
 Requires the affidavit to also verify that the applicant has not been convicted of,
pleaded guilty to, or been adjudicated a delinquent child for identity fraud or does not
have a duty to register as a sex offender for having committed a sexually oriented
offense or a child-victim oriented offense.
 Permits the court to order the applicant’s change of name upon proof (1) that the facts
set forth in the application show that reasonable and proper cause exists for changing
the applicant’s name and (2) if applicable, that proper notice was served.
 Permits an application to change a legal name to be made on behalf of a minor by the
minor’s parents, a legal guardian, a legal custodian, or a guardian ad litem.
 Modifies the consent/notice requirements for the name change of a minor with the
result that the minor name change requirements are the same as the minor name
conformity requirements.
 Recodifies the law governing the change of legal name process.
General name change/conformity provisions
 Permits the court to hold a hearing on a name change or conformity application and, if a
hearing is ordered, requires the court to set the manner, scope, and content of the
hearing (former law required, for a name change application, a hearing and service of a
hearing notice in a local newspaper 30 days prior to the hearing).
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 Permits the court to grant an exception to a hearing notice if satisfactory proof that
publication of the service of hearing notice or open records of the name change or
conformity would jeopardize the applicant’s personal safety.
 Permits the probate court, by local rule or order, to require a name conformity or name
change applicant to submit a copy of the applicant’s official identity documents or other
documentary evidence the court deems relevant.
 Permits the probate court, on receipt of an application to conform or change a legal
name, to require the applicant, at the applicant’s expense, to submit to a criminal
records check.
TABLE OF CONTENTS
Selection of automobiles by surviving spouse ................................................................................ 7
Probate court as superior guardian of wards ................................................................................. 8
Expansion of guardian’s authority .............................................................................................. 8
Notice and hearing on exercise of certain powers ..................................................................... 9
Nonprofit corporation as guardian of person of an incompetent................................................ 10
Anatomical Gift Act changes ......................................................................................................... 11
Manner of making an anatomical gift ....................................................................................... 11
Indicating a refusal to make an anatomical gift ........................................................................ 12
Conflict between anatomical gift and declaration (living will) ................................................. 13
Second Chance Trust Fund ........................................................................................................ 13
Making anatomical gift under the Declarations Law .................................................................... 13
Ohio Trust Code changes .............................................................................................................. 13
Modification of noncharitable irrevocable trust ....................................................................... 13
Rights of settlor’s creditors – power of withdrawal ................................................................. 14
Ohio Legacy Trust Act (OLTA) changes ......................................................................................... 14
Definitions ................................................................................................................................. 14
Permissible retained rights of a transferor ............................................................................... 16