Give authority to an Agent to act on your behalf now with an Ohio Power of Attorney form. Start your own personalized, printable document today with step-by-step guidance and expert tips.
Last Update March 20th, 2023
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- Types of Power of Attorney in Ohio
- How to Get Power of Attorney in Ohio
- Power of Attorney Requirements in Ohio
- Ohio Power of Attorney Laws
- Ohio Power of Attorney Sample
- Ohio Power of Attorney FAQs
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Types of Power of Attorney in Ohio
There are many different types of Power of Attorney (POA) that can be used in Ohio. The one that you choose will depend on the number of duties you want to assign and the extent of the powers that the Agent (or Attorney-in-Fact) will have.
These Power of Attorney types fall under the following categories:
General: A General Power of Attorney allows the Agent to have the broadest level of responsibility to represent you in your financial affairs.
Durable: A Durable Power of Attorney document, gives Agents the authority to act for you whether you are mentally competent or incapacitated. This makes them the best option for estate planning in later life. Under the current legal code, all POAs are automatically durable in the state.
Limited: Limited Power of Attorney is a more restrictive version of this legal form. It only allows the Attorney-in-Fact to perform the specific and limited duties that are listed in the document on behalf of a Principal.
Medical: Medical Power of Attorney forms allow you to appoint someone to make medical decisions on your behalf during a period of incapacity or medical emergency.
How to Get Power of Attorney in Ohio
The easiest way to get a Power of Attorney in Ohio is to create your form online. Our contract generator allows you to create a printable document that is personalized to your needs and fully completed with your own data. Your final creation will include all the details required for your POA to function successfully in Ohio.
Alternatively, you may call upon a lawyer to draw up your document. This is a secure option but an expensive one. Using a legal expert can also be a slower process than creating your own on the very same day.
Finally, a free copy of the form can also be acquired from the Ohio state legislature. This version of the document can be completed to handle a number of financial necessities. It cannot be used for medical purposes, however.
Power of Attorney Requirements in Ohio
In order for a Power of Attorney to be legally effective in Ohio, it must contain a few pieces of essential information. This includes the following data:
The name and address of the appointing Principal
The name and address of the chosen Agent
The signing date of the agreement
The date the agreement becomes effective (if not the same as the day of signing)
The date that the powers end (optional)
The signature of both parties
The signature of a notary public.
2 Witnesses may be added
A notary public must also be present at the signing to notarize the document.
Ohio legislature (§1337.21) accepted the adoption of Universal Power of Attorney Act (UPOAA) in 2012. You can use your Power of Attorney in other states that have also adopted this act. The wording on your document must follow the guidelines of the UPOAA.
Ohio Power of Attorney Laws
Ohio has a number of specific laws that must be taken into consideration when you create a Power of Attorney within the state. One of which is that the document must be signed by a notary public in order to be valid.
Notary publics are necessary for this process to confirm that all the parties are qualified to enter into the agreement. They will also verify the identities of the Principal and Agent and provide a witnessing capacity to prevent fraud.
Additionally, Ohio state law §1337.04 stipulates that extra steps must be taken to use a POA in a real estate transaction. This requires the document to be recorded at a local county recorder’s office before the Agent can sign for you in this capacity.
Ohio Power of Attorney Sample
A Power of Attorney document can seem complicated if you are unfamiliar with the process of delegating authority using a legal instrument. Familiarize yourself with the template and its contents with our Ohio Power of Attorney sample below.
Ohio Power of Attorney FAQs
It’s important to clearly understand the nature of an Ohio Power of Attorney before you put your own into action. Find out more about how to use a POA in the state and how to personalize your document appropriately for your needs.
How to Sign as Power of Attorney?
Once an Ohio Power of Attorney has been signed and notarized, the Agent may start to represent you immediately, unless you have specified the powers come into effect on a later date. To sign as your Power of Attorney, the Agent will need to:
Prove they have the authority to sign for you using their copy of the POA document.
Sign their own name on any contracts or forms in place of yours.
Indicate on the contact that they are signing on your behalf as Power of Attorney.
Furthermore in Ohio, it will be necessary to register the document with a local county recorder’s office if it will be used for real estate purposes. If it won’t be used for these purposes, this isn’t a requirement.
How to Revoke a Power of Attorney in Ohio?
A Power of Attorney in Ohio can be revoked at any time by the appointing Principal, provided they are mentally competent or not otherwise incapacitated. If however, a Durable POA is in use and the appointing authority is already incapacitated the process of revocation gets a little trickier.
If this happens, you may request that the Agent steps down on behalf of the Principal. If they refuse, you will instead have to take the matter to court and press for a conservator to be appointed. This in turn will annul the POA.
How to Know If My Power of Attorney is Durable?
All Power of Attorney documents in Ohio are durable under the current laws used in the state. Durable POAs are distinct in their ability to be used even if the appointing authority is unconscious or mentally incompetent.
Where Can I Get a Power of Attorney in Ohio?
The easiest way to get an Ohio Power of Attorney form is online. Creating the form using our contract generator allows you to customize and complete a document that fits your needs perfectly and that can be quickly created and modified.
Alternatively, free forms can be obtained from Ohio state government offices that may be used for financial necessities only. Finally, a legal expert or lawyer can be hired to complete a POA for you, although this is usually a costly and time-consuming option.