What Is an Ohio Power of Attorney?
An Ohio power of attorney is a legal contract between the principal and agent. The agreement enables the agent to act on behalf of the principal. Having a power of attorney in place protects your wishes if you become unable to handle your own decisions or affairs. In Ohio, the principal must be at least 18 and competent when creating their document.
Use our free Ohio power of attorney forms to outline your agent’s authorities. Our step-by-step template offers customizable and state-compliant terms.
Types of Powers of Attorney in Ohio
Ohio recognizes many types of powers of attorney with specific terms to meet your needs. A more targeted POA form allows you to define and limit your agent’s authority. Evaluate the options for an Ohio POA to find the form that works for you.
Durable vs. Non-Durable
All powers of attorney can be made into durable or non-durable agreements. In a durable power of attorney, the agent maintains authority even when the principal is incapacitated. In a non-durable agreement, the agent’s powers terminate at the time of the principal’s incapacitation. Per OH Rev Code § 1337.24, POAs are assumed to be durable unless explicitly stated that they terminate at the principal’s incapacitation.
Financial
Ohio’s financial power of attorney gives your agent the authority to handle your monetary assets and decisions. Assign any or all of the financial powers listed in OH Rev Code § 1337.34 for your agent, such as:
- Access to bank accounts
- Power over investment decisions
- Management of personal property
- Ability to handle real property
- Control of insurance benefits
- Authority to file tax documents
Medical
A medical POA, known in Ohio as the power of attorney for health care, authorizes your agent to make medical decisions. Use your power of attorney for health care to select medical powers for your agent. Per OH Rev Code § 1337.11 to § 1337.17, the powers available in a medical POA include the following:
- Consent to or refuse treatments
- Pain treatment and medications
- Hiring and firing health care staff
- Deciding on end-of-life care
Under OH Rev Code § 1337.17, a durable power of attorney for health care can serve the same purpose as an advance directive. Consider creating your POA, advance directive, and living will to communicate your preferred end-of-life treatment.
Durable (Financial)
Use so the power of attorney remains in place even if you become incapacitated.
Signing Requirements: Notary public (§ 1337.25).
Medical
Provides a legal direction for doctors and caregivers on the care path you would have chosen if you were able to make the decision yourself.
Signing Requirements: Two witnesses or a notary public. (§ 1337.12(B)).
Limited (Special)
Narrow the choices that an agent can make on behalf of the principal.
Signing Requirements: Notary public (§ 1337.25).
Non-Durable (General)
Direct a person or entity that you nominate to manage your financial decisions.
Signing Requirements: Notary public (§ 1337.25).
Springing
Comes in effect only when a specific event occurs, such as the incapacitation of the principal.
Signing Requirements: Notary public.
Vehicle (Form BMV-3771)
Legally appoint another person or entity to manage affairs related to your motor vehicles.
Signing Requirements: Notary public.
Real Estate
Confers the power on an agent to manage the principal's property dealings.
Signing Requirements: Notary public.
Tax (Form TBOR 1)
Nominate an agent to act on your behalf in matters relating to the tax authorities.
Signing Requirements: Principal only.
Minor (Child)
Empowers temporary supervision of a minor's healthcare and education.
Signing Requirements: Notary public.
Revocation
Use to withdraw authority given by an existing power of attorney.
Signing Requirements: None specified.
How to Write a Power of Attorney for Ohio
Writing a power of attorney in Ohio requires understanding the legal considerations, elements, and format. Create an effective POA with the following steps:
- Provide party information: Provide the principal and agent’s full legal names and contact information. Also include any coagents, successor agents, or guardians.
- Grant general authority: Select the general authorities you want to give to your agent. General powers typically include access to bank accounts, investments, insurance benefits, and medical records.
- Leave specific instructions: You must provide particular permissions and instructions for more sensitive authorities. Powers that require special statements often include handling gifts, trusts, and beneficiaries.
- Set the effectiveness: Determine when you want the POA to go into effect and record the start date or triggering event in your agreement. Per OH Rev Code § 1337.29, a POA is effective at the time of signing unless otherwise stated.
- Review and sign: Review your document’s terms, start date, and information. Once you are satisfied with your agreement, sign and date it, and fulfill any necessary notarization or witness requirements.
Ohio Power of Attorney Requirements & Legal Considerations
Ohio law includes various legal requirements and considerations for individuals looking to make a POA. It’s important to understand and follow state guidelines. Consider the following legal factors to create a valid POA.
Notarization
Ohio requires a general POA to be signed, dated by the principal, and acknowledged before a notary public. Per OH Rev Code § 1337.25, the document is assumed genuine if the principal’s signature is notarized. Other forms may also require witnesses to sign the agreement. Under OH Rev Code § 1337.12, two qualified adult witnesses can replace the notary public requirement for a power of attorney for health care. Look into the specific requirements for your exact agreement to ensure its enforceability.
Filing
Ohio statutes have no formal filing requirements for general POAs; however, OH Rev Code § 1337.04 states that if the POA involves a conveyance of real estate, it must be recorded with the county recorder’s office where the property is situated. Banks and medical institutions may also request a copy of the agreement for their records. Provide any relevant parties with a copy of the contract to ensure validity and smooth operations for your agent.
Agent Certification
If your agent wants additional clarity and validation for the POA, they may choose to complete an agent certification form. This optional form, provided by OH Rev Code § 1337.61, is completed by the agent to show their understanding of their duties and verify the terms of their authority. It restates the limitations and definitions of each authority to ensure everyone involved understands their role in the power of attorney agreement.
Revocation
You can revoke the agent’s ability when you no longer want your power of attorney to apply. The end of your POA may occur in several ways, depending on your needs and the purpose of your arrangement. OH Rev Code § 1337.30 lists the various methods of revocation, such as:
- Principal death or incapacitation: In a non-durable POA, the principal’s incapacitation triggers the termination of the agent’s powers. For a durable POA, the agent’s authority ends at the principal’s death.
- Principal revocation: The principal may revoke a power of attorney at any time. This is a written notice delivered to the agent, notifying them of the principal’s intent to end their ability.
- Fulfillment of the POA’s purpose: Certain POAs, such as limited powers of attorney, state a specific purpose. The original terms of this agreement can call for the end of the agent’s authority after the purpose has been satisfied.
- A set expiration date: Many power of attorney contracts include a set expiration date on which the powers end. In this case, the agent’s authority would automatically terminate on the stated expiration date.
- Agent resignation: OH Rev Code § 1337.38 sets the requirements for an agent resignation notice. The agent writes this resignation to express that they are no longer willing or able to serve the principal.
- Divorce or separation: If the principal’s spouse acts as their agent, a divorce filing or legal separation will automatically remove their authority.
In addition, OH Rev Code 1337.05 requires that if any POA was initially filed with a government office, the revocation must also be filed with the same office. Additionally, any actions taken by the agent before their awareness of the revocation remain valid and protected under OH Rev Code § 1337.30.
