In the state of Ohio, a durable power of attorney form lets you, the “principal”, choose an “agent” to legally act on your behalf and make certain financial decisions for you even if you become incapacitated and unable to make your own decisions.
A durable power of attorney (DPOA) is used for financial and business matters, and can also be called a durable financial power of attorney. To grant durable power over healthcare decisions, you need a separate Ohio medical power of attorney.
You can set up your DPOA to become effective immediately and stay in effect even if you become incapacitated or to take effect only if you become incapacitated and can’t act for yourself.
Download a legally-binding Ohio durable power of attorney form in fillable PDF and Word formats, and learn more about creating and using the document.
Ohio Durable Power of Attorney Requirements
Ohio power of attorney forms are durable by default, so you don’t need to take any extra steps to ensure your POA will last beyond incapacitation.
Relevant Laws: Ohio Rev. Code §§ 1337.21-1337.64
Presumed Durable: Yes, unless it states that the power of attorney is terminated by the incapacity of the principal (Ohio Rev. Code § 1337.24)
Signing: Signature required (Ohio Rev. Code § 1337.25)
Notarization: Principal must sign the form before a notary public or other individual authorized by law to take acknowledgments (Ohio Rev. Code § 1337.25)
Statutory Form: Yes (Ohio Rev. Code § 1337.60)
The durable power of attorney template on this page includes all required language and complies with Ohio DPOA laws and regulations.
Ohio Durable Power of Attorney Form (PDF & Word)
Use our free Ohio DPOA template below to serve as a guide for creating your own durable power of attorney form.
How to Fill Out an Ohio DPOA Form
Take these steps to complete your blank durable power of attorney form for Ohio:
Step 1: Designate an agent
First, choose someone you trust to be the agent. It’s critical that you fully understand what power of attorney is and the risks involved in giving someone else this authority before completing and signing this form.
Write the names and addresses of both parties at the top of the durable power of attorney form.
Step 2: Grant authority
Then, mark on the form which aspects of your affairs you want to give the agent legal decision making power over. This can be general authority (e.g., operation of a business) or specific authority (e.g., sign a contract).
You can include specific instructions about which actions the agent can perform on your behalf in the form.
Step 3: Ensure your form is durable
In Ohio, a power of attorney is presumed to be durable unless it’s specified to be non-durable on the form, so you don’t need to do anything to make sure your POA will last after incapacitation.
Step 4: Sign and date the form
To finalize your DPOA, sign and date the form. Don’t forget that in Ohio, your form needs to be notarized.
Once the form is complete, give copies to your agent and any third parties where it will be used (such as your landlord, bank, or a state agency). Store the original in a safe place.
How to Revoke a Durable Power of Attorney in Ohio
In Ohio, the principal can revoke a durable power of attorney at any time as long as they’re not incapacitated. The best way to do so is by completing and filing a revocation of power of attorney.
If you want to change the terms of your durable power of attorney, you can create a new power of attorney form that specifically states that the previous POA is revoked or that all other POAs are revoked (Ohio Rev. Code § 1337.30).
Although a durable power of attorney can’t be revoked if the principal is already incapacitated, it’s possible for a third-party individual to override a power of attorney if they suspect an agent of abuse or negligence.