In the state of Ohio, the durable power of attorney is a type of legal document that lets people assign a person they trust to manage their financial matters for them. The financial matters covered by the document and assigned to the other person should be indicated in the document. These could relate to, for instance, operations related to real estate, or personal property, or financial assets. The person who is creating a durable power of attorney form and designates the powers is called a principal, and the person who is appointed to act on their behalf is called an attorney-in-fact in Ohio. However, you may come across other terms, such as “agent” for referring to an attorney-in-fact.
Ohio power of attorney templates – find other power of attorney documents for Ohio along with directions.
A power of attorney is called “durable” because its effect does not cease even after the form’s creator becomes incapacitated. In Ohio, remember to state it explicitly in the form if you wish it to terminate in case you become incapacitated.
A general power of attorney allows the agent to take care of a very broad range of matters for the principal. Here we discuss a uniform power of attorney form that is described by the Ohio laws. It is important to note that such a form will give the agent the power to make decisions about your property and your money independently of whether you can make these acts yourself. This form will not allow the agent to make health-related decisions on your behalf. Do not select a person who you do not completely trust as your attorney-in-fact. It is very important because the person you have chosen will be able to make decisions when you are incapacitated and cannot intervene unless you choose otherwise. As we mentioned before, with this type of form, you will need to state in the form that you do not want the attorney in fact’s powers to carry on if you die or become incapacitated.
You can only choose one person to act as an attorney-in-fact. In case you want to include more people as agents, you will need to include a “coagent.” They do not need to agree on decisions between themselves unless you specify so in the form.
The person who is creating a power of attorney in Ohio must be an adult and of sound mind. Naturally, the agent may want to include different categories into the authority of the attorney-in-fact. When you decide to complete the power of attorney form, at one of the stages, you will be asked to initial the items that relate to specific categories that a power of attorney will cover.
These are some examples of the categories that the form can include:
Pay attention to the fact that if you initial categories 1 or 2, you, the principal, will need to sign the form in the presence of a notary public. In the state of Ohio, it is a requirement in relation to real property transactions. It is often advised to have such forms acknowledged by a notary public. This ensures that the signature will be assumed to be genuine. Such a procedure makes the processing of the form by businesses and financial institutions much faster. The principal needs to sign a power of attorney personally. Alternatively, another individual can sign it, but only if the principal is conscious and present and has directed them to sign it. Remember that a power of attorney will be active immediately after signing unless you have explicitly requested a different date in the form.
Use our form building software to complete your durable power of attorney form fast and without mistakes. Follow these steps carefully:
The first box that you need to fill requires your name and address and the name and the address of the person you appoint as your attorney-in-fact (agent).
Before completing the form, you need to have an idea of what powers you will authorize your agent to have. The powers correspond to the list we have provided in the previous section but make sure you read the full description of each category. There are different ways of initialing a durable power of attorney form. You may want to initial just one power or a few from the list. You may also want to give all of the listed powers to the agent. In that case, initial the box that says, “All of the powers listed above.”
If you wish to restrict some of the powers you are giving to the agent, or elaborate on them, then you can do it in the appropriate box in the form in your own words.
Read carefully through the paragraphs that explain how a durable power of attorney works. Remember that it is a kind of form that continues its effect when you become incapacitated.
Successor agents take on the powers designated to the attorney-in-fact you have named in the form in case they die, become incapacitated, incompetent, or resign.
Provide your signature together with the date of signing.
The last boxes in the form are to be filled out by a notary public.