Power of Attorney Form Ohio 6
Power of Attorney Form Ohio 1
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Power of Attorney Form Ohio 6
Power of Attorney Form Ohio 1

Power of Attorney Form Ohio

    Power of attorney forms are a vital piece of the legal puzzle. In the event that you, your loved ones, or your friends, face a difficult time, these forms allow for temporary or permanent power over your own life. This power of attorney form Ohio template is suitable for Ohio residents only. It is simple, easy to use and customize. The sections covering power authorization, revocation, and more are written (and approved) by legal experts.

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Power of Attorney Form Ohio

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A power of attorney form in Ohio can be a blessing in disguise for your bad days. It is a legal document that can lessen your worries when it comes to handling financial and medical requirements when you no longer can do it for yourself or become incapacitated.

An Ohio Power of Attorney has its own value and rules. Let’s take a look.

The components of an Ohio power of attorney form include:

    • Type of power of attorney
    • Executor details
    • Agent details
    • Purpose
    • Property details
    • Execution date Notarized

What Is An Ohio Power Of Attorney?

A power of attorney is a legal document that includes an agreement between two parties, namely an agent and the principal. An agent is given the authority to perform the financial and medical-related duties of the principal on his/her behalf.

An Ohio power of attorney form usually comes into force when the principal becomes incapacitated, unsound, unavailable, or in a situation in which he/she is unable to perform and make decisions himself/herself.

Check out our power of attorney form Ohio template!

Get organized with our power of attorney form Ohio template. It covers all the legal aspects of a power of attorney. And best of all, it’s totally free!

Download or use this template below!

How Does The Ohio Power of Attorney Work?

In Ohio law, according to the new Uniform Power of Attorney Act, the term ‘agent’ is now identified or called ‘attorney in fact’, which means he or she doesn’t have to be a professional attorney to act as an agent.

However, an ‘attorney in fact’ doesn’t have the power to represent anyone in court.

In Ohio, the agent will continue to have authority even if the principal had already appointed a guardian or conservator.

The Ohio power of attorney works with the help of its Uniform Power of Attorney Act and also provides forms in Section 1337.60 of the Revised Ohio Code.

Types of Ohio Power of Attorney

Like every state, the Ohio power of attorney also works upon four certain types of POAs. These are:

General Power of Attorney

A financial power of attorney usually falls within this category if the agent is authorized to represent the principal on broad financial matters. It doesn’t restrict its validity to a specific matter only. Such power of attorney continues to function till the principal becomes incapacitated or dies.

Limited or Special Power of Attorney

Under a limited or special power of attorney, the agent is authorized to represent principal only on specific or limited financial requirements. This could even be any sort of single transaction. This stands valid only for a limited time period.

Durable Power of Attorney

A Power of Attorney that doesn’t end even after the principal becomes incapacitated is referred to as durable power of attorney Ohio. It continues to function even after the incapacity.

Springing Power of Attorney

A springing power of attorney starts to function on the occurrence of a specific event. This usually starts when the principal becomes incapacitated as opposed to durable POA that starts way before it and still continues to function after that too. Springing POA only springs up specifically.

Cases In Which POA Can Be Needed in Ohio

  • Buying or selling of real estate property, stock or asset
  • Handling financial transactions like withdrawing money from the principal’s bank, making investments or managing retirement accounts, taxes, etc.
  • Handling business transactions, investing in, buying or selling
  • Handling the purchase and termination of insurance policies, trusts, and annuities of principal
  • Estate planning
  • Taking medical decisions

Why Is the Ohio Power of Attorney Important?

A power of attorney can be of great help in varied circumstances. An Ohio POA helps you prepare for the worst in your life if you are a resident in Ohio. Life can be harsh on you anytime, and you may fail to make the right decisions. Moreover, if you have a dependent person such as your spouse, children, your parents, or anyone alike, it becomes all the more important to secure their life after you.

The Ohio power of attorney helps you and your loved one in such dire need situations to make meaningful decisions on your behalf.

In Ohio, you can have your power of attorney made if you are mentally competent and is over 18 years of age. Having a Power of Attorney also eliminates the issues arising out of estate planning. In the absence of a POA, you may otherwise have to attend court proceedings for having a guardian or conservator. This process can be really time confusing, emotionally draining, and expensive.

Therefore, having an Ohio financial or healthcare power of attorney can be helpful and important. Moreover, you don’t necessarily have to appoint an attorney for that; any person you trust can become a POA agent for you and therefore is known as ‘attorney in fact’ in Ohio law.

Check out our power of attorney form Ohio template!

Get organized with our power of attorney form Ohio template. It covers all the legal aspects of a power of attorney. And best of all, it’s totally free!

Download or use this template below!

Ohio Power of Attorney Requirements

The Ohio power of attorney requirements are simple to follow. These are:

  • You should be of sound mind and over 18 years of age
  • It should be signed and dated by the principal, i.e., date of execution
  • It should be signed by two eligible and non-related witnesses
  • It doesn’t necessarily have to be notarized according to law. However, it is advisable to do so to make it valid in other states.
  • It should also include another itemized statement that states the name of the person who can be an attorney-in-fact.

In Ohio, the power of attorney forms plays an important role. They have to be in accordance with Ohio laws to be valid.

Ohio has an approved financial power of attorney form.

However, you need to be extra careful with healthcare POA which should follow certain guidelines, as mentioned in section 1337.17 of the Ohio Revised Code.

If you are looking for foolproof Ohio power of attorney, CocoSign provides Ohio free power of attorney forms that follow all the guidelines laid out by Ohio ORC. We provide numerous templates and POA forms of other states as well. Be affirmed of our forms’ righteousness.

Our forms can also be customized according to the needs as Ohio follows rather strict norms when it comes to special instructions that should constitute part of financial and healthcare POA forms.

DOCUMENT PREVIEW

OHIO STATUTORY FORM POWER OF ATTORNEY

 

IMPORTANT INFORMATION

 

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 on this form 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 health-care 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 the Special Instructions.

 

This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions.

 

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 in the Special Instructions.

 

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;

 

(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, ____________________ (Name of Principal) name the following person as my agent:

 

Name of Agent: ____________________

 

Agent's Address: ________________________________________

 

Agent's Telephone Number: ____________________

 

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

 

If my agent is unable or unwilling to act for me, I name as my successor agent:

 

Name of Successor Agent: ____________________

 

Successor Agent's Address: ________________________________________

 

Successor Agent's Telephone Number: ____________________

 

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

 

Name of Second Successor Agent: ____________________

 

Second Successor Agent's Address: ________________________________________

 

Second Successor Agent's Telephone Number: ____________________

 

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. If you wish to grant general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.)

 

(____) Real Property

 

(____) Tangible Personal Property

 

(____) Stocks and Bonds

 

(____) Commodities and Options

 

(____) Banks and Other Financial Institutions

 

(____) Operation of Entity or Business

 

(____) Insurance and Annuities

 

(____) Estates, Trusts, and Other Beneficial Interests

 

(____) Claims and Litigation

 

(____) Personal and Family Maintenance

 

(____) Benefits from Governmental Programs or Civil or Military Service

 

(____) Retirement Plans

 

(____) Taxes

 

(____) Digital Assets

 

(____) All Preceding Subjects

 

(____) My agent shall have access to the content of electronic communications sent or received by me.

 

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.

 

SPECIAL INSTRUCTIONS (OPTIONAL)

 

You may give special instructions on the following lines:

 

______________________________________________________________________

 

______________________________________________________________________

 

EFFECTIVE DATE

 

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

 

NOMINATION OF GUARDIAN (OPTIONAL)

 

If it becomes necessary for a court to appoint a guardian of my estate or my person, I nominate the following person(s) for appointment:

 

Name of Nominee for guardian of my estate: ____________________

 

Nominee's Address: ________________________________________

 

Nominee's Telephone Number: ____________________

 

Name of Nominee for guardian of my person: ____________________

 

Nominee's Address: ____________________

 

Nominee's Telephone Number: ____________________

 

RELIANCE ON 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.

 

 

 

SIGNATURE AND ACKNOWLEDGMENT

 

Your Signature: ____________________________ Date: ____________________

 

Your Name Printed: ____________________________

 

Your Address: ________________________________________

 

Your Telephone Number: ____________________

 

State of Ohio

 

County of ____________________

 

This document was acknowledged before me on ____________________, 20____, by

 

____________________ (Name of Principal).

 

Signature of Notary: ____________________________

 

My commission expires: ____________________

 

This document prepared by: ____________________

 

IMPORTANT INFORMATION FOR AGENT

 

Agent's Duties

 

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

 

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

 

(2) Act in good faith;

 

(3) Do nothing beyond the authority granted in this power of attorney;

 

(4) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest;

 

(5) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

 

(Principal's Name) by (Your Signature) as Agent

 

Unless the Special Instructions in this power of attorney state otherwise, you must also:

 

(1) Act loyally for the principal's benefit;

 

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

 

(3) Act with care, competence, and diligence;

 

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

 

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest.

 

Termination of Agent's Authority

 

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

 

(1) The death of the principal;

 

(2) The principal's revocation of the power of attorney or your authority;

 

(3) The occurrence of a termination event stated in the power of attorney;

 

(4) The purpose of the power of attorney is fully accomplished;

 

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

 

Liability of Agent

 

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act (sections 1337.21 to 1337.64 of the Revised Code). If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.

 

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

 

 

 

 

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of Ohio

County of ____________________

I, ____________________ (Name of Agent), certify under penalty of perjury that ____________________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ____________________, 20____.

I further certify that to my knowledge:

(1)   The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2)   If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3)   If I was named as a successor agent, the prior agent is no longer able or willing to serve;

(4)    _____________________________________ (Insert other relevant statements).

SIGNATURE AND ACKNOWLEDGMENT

Agent’s Signature: ____________________________ Date: ____________________

 

Agent’s Name Printed: ____________________________

 

Agent’s Address: ________________________________________

 

Agent’s Telephone Number: ____________________

 

State of Ohio

 

County of ____________________

 

This document was acknowledged before me on ____________________, 20____, by

 

____________________ (Name of Agent).

 

Signature of Notary: ____________________________

 

My commission expires: ____________________

 

This document prepared by: ____________________

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