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The Ohio power of attorney authorizes an agent to represent the principal before governmental, financial, and other organizations.
The main reasons people issue a power of attorney are to authorize another person to represent their interests in case of their incapacity or to delegate financial decision-making or paying the bills to another person.
Additionally, people use this type of document to enable an attorney to represent them in legal matters, like signing contracts, filing lawsuits, or attending court hearings on their behalf, or to grant them business decision-making authority.
Types of Power of Attorney in Ohio
Ohio Durable (Statutory) Power of Attorney Requirements
If you want the agent to represent your interests even after you lose the capacity to represent yourself, you should make a durable or statutory power of attorney. The incapacity can be caused by various reasons, like illness, injury, or aging.
Ohio General (Financial) Power of Attorney Requirements
This type of power of attorney in Ohio grants the agent the authority to take any necessary action in the principal’s interest. The agent will also be enabled to represent the principal before all third parties unless limited by the power of attorney.
Ohio Limited (Special) Power of Attorney Requirements
Unlike the general power of attorney, the special power of attorney provides a limited scope of activities the agent is allowed to undertake. Every action outside of the scope provided in the power of attorney is not valid.
Ohio Parental (Minors) Power of Attorney Requirements
The parent or guardian of a child in Ohio can issue the parental power of attorney to authorize another person to make decisions about the child’s care, education, and more. If the child is living with grandparents, the grandparent can also be named as the agent. (§ 3109.52)
Ohio Medical Power of Attorney Requirements
The principal can use this power of attorney to grant authority to another person to make decisions about their healthcare. Ohio state law requires the presence of at least two witnesses or a notary public when signing this type of power of attorney.
Ohio Springing Power of Attorney Requirements
This type of Ohio power of attorney “springs” into effect on a certain date or after a certain event the principal determines in the document. The principal usually defines that the power of attorney becomes effective if they lose the capacity to act for themselves.
Ohio Vehicle Power of Attorney Requirements
The vehicle power of attorney can enable the agent to buy or sell the vehicle on behalf of the principal. The principal can also use it to authorize an agent to apply for the title and registration before the Ohio BMV.
Ohio Revocation Power of Attorney Requirements
If you wish to revoke any issued powers of attorney, you should use the Ohio revocation power of attorney. After revoking the power of attorney, make sure you inform all the relevant parties for the revocation to be effective.
Ohio Tax Power of Attorney Requirements
The Ohio tax power of attorney can be used to grant authority to the accountant or other tax professional to represent the principal before the Ohio tax authorities. The agent can use this document to file the necessary paperwork on behalf of the principal and represent them in appeals.
Ohio Real Estate Power of Attorney Requirements
This type of power of attorney is used to authorize another person to complete the real estate transaction on behalf of the principal or manage and maintain their property.
Legal Requirements for a Power of Attorney in Ohio
If you are drafting the Ohio power of attorney, you should make sure it is in line with the following requirements:
Legal Requirements
Signatures. A power of attorney must be signed by the principal or another person in the principal’s presence and with their direction. (§ 1337.25)
Witnesses. The Ohio medical power of attorney must be acknowledged by at least two witnesses or a notary public.
Mental capacity. When signing the Ohio power of attorney, the principal must be able to understand their actions and their consequences.
Notarization. Every Ohio power of attorney should be acknowledged before the notary public or other relevant body.
Who Can Be an Agent for a Power of Attorney in Ohio?
An agent should be a person who is at least 18 years old and has legal capacity.
Moreover, they should also be someone you trust who is capable and willing to represent you before third parties. In practice, people usually choose some of their family members or friends as their agents or attorneys-in-law.
When dealing with tax or legal matters, you should authorize a person with the professional knowledge to represent you, such as an accountant or lawyer.
How to Create an Ohio Power of Attorney
Power of Attorney in Ohio
#1. Decide on Which Type of Document to Use
You should choose the type of Ohio power of attorney based on the following:
Scope of authority you want to delegate to your agent
Term of your power of attorney
The moment you want a power of attorney to become effective
#2. Select an Agent
Choose a person that you can trust and who is capable of representing you before governmental, financial, or other organizations and institutions.
#3. Define the Agent’s Powers
You can give the agent broad authorization to take all the necessary actions and represent you before all third parties. The second option is to provide a list of actions the agent is allowed to take and name the organizations they can interact with on your behalf.
#4. Download & Fill in Our Form
The best way to get a professional Ohio power of attorney that is in line with all the state laws and regulations is to download and fill out one of the power of attorney templates available on our website.
#5. Get It Signed & Notarized
The Ohio power of attorney should be signed by the principal and acknowledged by the notary public or other organization authorized for notarization.
#6. Safely Store the Original Copy
The original Ohio power of attorney should remain with the principal.
#7. Provide Copies to Relevant Parties
Give one copy of the Ohio power of attorney to the agent so they can prove their capacity to any third party they are interacting with on your behalf.
#8. Update the Document as Needed
Every time some of the details in the Ohio power of attorney change, you should issue a new document with updated information and send a copy to every relevant party.
How Long Does a Power of Attorney Last in Ohio?
In Ohio, a power of attorney can commence either from the moment the principal signs it or from the moment specified in the document by the principal.
When it comes to document terminations, there are three main options.
Firstly, if the termination date is unspecified and the power of attorney is durable, it will not terminate even if the principal becomes incapacitated.
Secondly, if the termination date is unspecified and the power of attorney is not durable, it will expire automatically.
Lastly, if the power of attorney specifies a termination date, it will end on that particular date.
Ohio Power of Attorney FAQ
You should use a power of attorney when you are not able to represent yourself and make decisions due to old age, physical or mental illness, or simply because you are far away from the place where certain actions need to be taken.
A power of attorney authorizes another person to act on behalf of the person who issued the power of attorney. It provides the scope of their authority and the list of third parties they can interact with.
Although in Ohio notarization is only given as one of the options for acknowledging a medical power of attorney, notarization of every other kind of power of attorney is highly recommended. It confirms the authenticity of the document and prevents fraud or any other malicious activity.
Even if you have already created a will, you should also have a power of attorney. The main purpose of the will is to administer your property after you’ve passed away, while a power of attorney serves to authorize another person to represent you during your lifetime.