What is an Ohio Power of Attorney?
The individual giving control is known as the "principal," and the individuals or organizations receiving powers are called the "agents" or "attorneys-in-fact. Suited for Ohio residents, our Power of Attorney can be used in Summit County, Cuyahoga County, Hamilton County, and in all other counties and municipalities in the state. All Ohio PoA forms from Rocket Lawyer can be modified to address your specific scenario. Creating this essential document provides confirmation to financial institutions and other parties that your agent(s) can legally sign documents or take other actions for you when you are not present or able.
When to use an Ohio Power of Attorney:
- You wish to give someone broad authorization to act for you if you are absent or incapable.
- You wish to give someone power to handle certain financial or legal issues in your absence or if you become ill.
- You wish to authorize someone to act on your behalf if case you become legally incompetent or incapacitated.
This Power of Attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed in this Power of Attorney is explained in the Uniform Power of Attorney Act (sections 1337.21 to 1337.64 of the Revised Code).
This Power of Attorney does not authorize the agent to make healthcare decisions for you.
You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the Power of Attorney or the agent resigns or is unable to act for you.
Your agent is entitled to reasonable compensation unless you state otherwise in this Power of Attorney.
If you name more than one agent (coagents), they are not required to act together unless you include that requirement in this Power of Attorney.
If your agent is unable or unwilling to act for you, your Power of Attorney will end unless you have named a successor agent. You may also name a second successor agent.
This Power of Attorney becomes effective immediately unless you state otherwise.
ACTIONS REQUIRING EXPRESS AUTHORITY
Unless expressly authorized and initialed by me in the Special Instructions, this Power of Attorney does not grant authority to my agent to do any of the following:
1. Create a trust;
2. Amend, revoke, or terminate an inter vivos trust, even if specific authority to do so is granted to the agent in the trust agreement;
3. Make a gift;
4. Create or change rights of survivorship;
5. Create or change a beneficiary designation;
6. Delegate authority granted under the Power of Attorney;
7. Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; and
8. Exercise fiduciary powers that the principal has authority to delegate.
CAUTION: Granting any of the above eight powers will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.
If you have questions about the Power of Attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT
I, , residing at , , , hereby appoint Each Agent may act independently, without the consent of the other Agent. The Agents must act jointly, with the consent of the other Agent.
or if we become legally separated or divorced, If either Agent is unable to serve for any reason, the other Agent shall serve alone. If either Agent is unable to serve for any reason, I appoint , of , , , as my Successor Agent to serve alone. If either Agent is unable to serve for any reason or if we become legally separated or divorced, I appoint , of , , as my Successor Agent to serve alone. If both Agents are unable to serve (either together or independently) I appoint , , , to act as my Alternate Successor Agent to serve alone.
I hereby revoke any and all general powers of attorney that previously have been signed by me. I hereby revoke any and all special powers of attorney that previously have been signed by me. I hereby revoke any and all general powers of attorney and special powers of attorney that previously have been signed by me. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to my healthcare that previously have been signed by me.
GRANT OF GENERAL AUTHORITY
I grant my Agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act (sections 1337.21 to 1337.64 of the Revised Code):
(INITIAL each subject you want to include in the Agent's general authority. Document MUST be initialed.)
LIMITATION ON AGENT'S AUTHORITY
An Agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the Agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
|________||Create a trust|
|________||Amend, revoke or terminate an inter vivos trust|
|________||Make a gift|
|________||Create or change rights of survivorship|
|________||Create or change a beneficiary designation|
|________||Delegate authority granted under the Power of Attorney|
|________||Waive the principal's right to be a beneficiary of a joint and survivor annuity|
|________||Exercise fiduciary powers that the principal has authority to delegate|
RELIANCE OF THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this Power of Attorney or a copy of it unless that person knows it has terminated or is invalid.
This Power of Attorney shall become effective This Power of Attorney shall continue to be effective until or until I lack sufficient mental competence to understand and handle my financial and personal affairs or until I lack sufficient mental competence to understand and handle my financial and personal affairs. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent.
Dated ____________________, ______, at , .
This document prepared by:
STATE OF ,
COUNTY OF , ss:
This document was acknowledged before me on ____________________ (Date), by (Name of Principal).
My Commission expires _____________
Notice to Person Executing Power of Attorney
A Power of Attorney is an important legal document. By signing the Power of Attorney, you are authorizing another person to act for you, the principal. Before you sign this Power of Attorney, you should know these important facts:
Your Agent (attorney-in-fact) has no duty to act unless you and your Agent agree otherwise in writing.
This document gives your Agent the powers to manage, dispose of, sell and convey your real and personal property, and to use your property as security if your Agent borrows money on your behalf, unless you provide otherwise in this Power of Attorney.
Your Agent will have the right to receive reasonable payment for services provided under this Power of Attorney unless you provide otherwise in this Power of Attorney.
The powers you give your Agent will continue to exist for your entire lifetime, unless you state that the Power of Attorney will last for a shorter period of time or unless you otherwise terminate the Power of Attorney. The powers you give your Agent in this Power of Attorney will continue to exist even if you can no longer make your own decisions respecting the management of your property, unless you provide otherwise in this Power of Attorney.
You can change or correct the terms of this Power of Attorney only by executing a new Power of Attorney, or by executing an amendment through the same formalities as an original. You have the right to revoke or terminate this Power of Attorney at any time, so long as you are competent.
This Power of Attorney must be dated and must be acknowledged before a notary public or signed by two witnesses. If the Power of Attorney is signed by two witnesses, the witnesses must be mentally competent and they must witness the principal's signing of the Power of Attorney or (2) the principal's signing or acknowledgment of his or her signature. A Power of Attorney that may affect real property should be acknowledged before a notary public so that it may easily be recorded.
You should read this Power of Attorney carefully. When effective, this Power of Attorney will give your Agent the right to deal with property that you now have or might acquire in the future. The Power of Attorney is important to you. If you do not understand the Power of Attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person.
Notice to Person Accepting the Appointment as Attorney-in-Fact
By acting or agreeing to act as the Agent (attorney-in-fact) under this Power of Attorney, you assume the fiduciary and other legal responsibilities of an Agent. These responsibilities include:
|1.||The legal duty to: act solely in the interest of the principal; act loyally, with care, competence, and diligence; and avoid conflicts of interest.|
|2.||The legal duty to keep a record of all transactions made on behalf of the principal, including the responsibility to produce receipts, ledgers and other records of all deposits, disbursements or other transactions involving the principal's assets or indebtedness.|
|3.||To cooperate with the principal's Agent for healthcare decisions, should the principal appoint such an Agent, in making decisions in accordance with the principal's desires or in the best interest of the principal if the principal's wishes are not known.|
|4.||The legal duty to preserve the principal's estate plan, if one exists, and the principal's desires for such plan to be preserved.|
|5.||The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you.|
|6.||The legal duty to terminate actions as Agent (Attorney-in-Fact) under this Power of Attorney upon the occurrence of any of the following:|
|b.||Revocation of the Power of Attorney of principal;|
|c.||The arrival of any date stated in the Power of Attorney, which states the termination of the Power of Attorney, if any; or|
|d.||No additional action is required under the Power of Attorney.|
|7.||If you are the spouse of the principal, the Power of Attorney terminates upon legal separation or dissolution of the marriage.|
|8.||You may be held responsible and liable for any intentional actions which violate or abuse your authority under this Power of Attorney as provided by the state and federal laws governing this Power of Attorney.|
|9.||You have the right to seek legal advice if you do not understand your duties as Agent or any provisions in the Power of Attorney.|
You may not transfer the principal's property to yourself without full and adequate consideration or accept a gift of the principal's property unless this Power of Attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the principal's property to yourself without specific authorization in the Power of Attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse. In addition to criminal prosecution, you may be sued in civil court.
I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the Agent (attorney-in-fact) under the terms of this Power of Attorney.
Ohio Power of Attorney FAQs
How do I get power of attorney in Ohio?
It is fast and easy to give or get the support you need with a free Ohio Power of Attorney template from Rocket Lawyer:
- Make the PoA - Answer a few simple questions and we will do the rest
- Send or share - Go over the document with your agent(s) or get legal help
- Sign and make it legal - Required or not, notarization/witnesses are recommended
This solution, in many cases, will be much less time-consuming than hiring your average lawyer. If needed, you may start this PoA on behalf of your spouse, an elderly parent, or another relative, and then have that person sign after you've drafted it. Please keep in mind that for this document to be accepted as valid, the principal must be an adult who is mentally competent at the time of signing. In the event that the principal has already been declared incompetent, a court-appointed conservatorship could be required. When managing such a situation, it is a good idea for you to talk to an attorney .
Why should I have an Ohio PoA?
Every adult should have a Power of Attorney. While it can be tough to think about, there will likely come a time when you can no longer manage your day-to-day affairs on your own. There will also be moments when you're simply out of pocket. Here are a few common circumstances in which a PoA can be helpful:
- You are aging or have limited mobility
- You are planning to live or travel overseas either temporarily or permanently
- You would like to grant a trusted person the ability to handle certain financial or legal issues in your absence or if you become ill
- You intend to move out of your home and into a community care facility
Regardless of whether your Ohio Power of Attorney has been prepared as part of a forward-looking plan or made in response to an unexpected issue, notarization and/or witnesses can often help to protect your agent if someone questions their privileges and authority.
Which type of Power of Attorney do I need in Ohio?
There are multiple ways to classify Power of Attorney documents. They are largely based on how long the powers will last, when they come into effect, and what they will grant authority over. Most often, you may find them organized into four buckets:
- Springing Power of Attorney - Is activated based on certain criteria
- Durable Power of Attorney - Remains valid even if you become incapacitated
- Special Power of Attorney - Grants a limited scope of powers over specific matters
- General Power of Attorney - Grants broad authority over your affairs
When generating your free Ohio Power of Attorney, you may opt to have the power begin immediately upon signing, on a selected date, or only when you are no longer capable. Your Power of Attorney can end either on a specific date or when you die.
Do I need to work with an attorney to review my Ohio PoA?
Ohio Power of Attorney forms are normally straightforward; however, you may need advice. It can vary depending on whom you ask, but sometimes a lawyer will not even accept requests to review your document if they were not the author. A more favorable approach to consider is to go through attorney services at Rocket Lawyer. If you sign up for a Premium membership, you have the ability to request guidance from an Rocket Lawyer network attorney with relevant experience or get answers to additional questions related to your Power of Attorney. As always, Rocket Lawyer is here to support you.
How much would it typically cost for me to get a Power of Attorney form in Ohio?
The cost of finding and hiring a conventional law firm to draft a Power of Attorney could range anywhere between two hundred and five hundred dollars, based on your location. Rocket Lawyer is not your average Power of Attorney template website. With us, anyone under a Rocket Lawyer membership has access to up to a 40% discount when hiring an attorney.
Would I have to do anything else after making an Ohio Power of Attorney?
With a Rocket Lawyer membership, you can make edits, save it in PDF format or as a Word document, or print it. To turn the PoA into a truly legal document, you must sign it. Take care to send a final copy of the signed document to your agent(s), financial institutions, and other impacted parties.
Does a Power of Attorney need to be notarized, witnessed, or recorded in Ohio?
The specific requirements for PoA forms will be different by state; however, in Ohio, your Power of Attorney will need to be notarized. If your agent will engage in real estate transactions, the Power of Attorney will need to be signed before a notary and filed or recorded with your county.
See Ohio Power of Attorney law: Title 13, Chapter 1337