A Power of Attorney in Ohio is a legal document that empowers an agent to act on behalf of the principal who grants them the power.
The principal gives the agent the authority to make decisions related to their healthcare directives, financial or property transactions, and other issues related to their well-being.
An Ohio power of attorney can be limited in scope, or it may grant an agent broad or general powers. The POA form may also have pre-determined start and end dates. For example, it may ‘spring” after a specific event and end once the purpose is fulfilled, or it can have immediate, perpetual, or “for as long as needed” authority. However, it is essential to note that a power of attorney in Ohio terminates by default upon the principal’s death or if the appointed agent dies. A principal holder in Ohio can also revoke their power of attorney agreement at any time, provided they are of sound mind, they rescind the agreement in writing, and they notify all the concerned parties, including their agent and any third parties that may have been informed of a power of attorney.
Types of Power of Attorney in Ohio
In Ohio, there are different types of power of attorney depending on its scope and the specific purpose. Discussed below are the various kinds of Ohio power of attorney:
Durable (Statutory) power of attorney
An Ohio durable power of attorney, also referred to as the Ohio Statutory power of attorney, is a POA that allows a principal holder to name a trusted agent who will act on their behalf in financial transactions and estate planning. The durable POA remains in effect even if the principal subsequently becomes incapacitated. There are three (3) versions of the durable power of attorney available to Ohio residents, namely, the “Athens Village Version,” “Ohio State Bar Version,” and the “Standard Version.” The Statutory power of attorney in Ohio is governed by Title XIII, Chapter 1337 powers of attorney laws. For proper execution of the durable power of attorney form, Ohio residents are advised to sign the document following the requirements outlined in section 1337.25 / Execution of power of attorney § 1337.25, § 1337.61. Ohio residents can obtain a statutory power of attorney form from § 1337.60.
Download: Microsoft Word (.docx)
General (Financial) power of attorney
A general power of attorney grants broad discretionary powers to an agent based in Ohio. It can be used to make any financial, property, or health care decision on the principal’s behalf. Still, it is not “durable,” meaning it will terminate by default once the principal becomes mentally or physically incapacitated. It can be validly executed following the state-specific statutory requirements outlined in Chapter 1337: Power Of Attorney. Under Ohio’s general power of attorney, the agent’s authority and responsibility are governed by R.C. § 1337.42 of Ohio legislative laws. For an Ohio general POA to be considered binding, the principal must have their signature acknowledged in the presence of a notary public or another individual authorized by law to take acknowledgments. The Ohio POA must be signed following the statutory signing requirements stipulated in R.C. § 1337.25- Execution of power of attorney.
Download: Microsoft Word (.docx)
Limited power of attorney
An Ohio limited power of attorney grants specific authority to an attorney-in-fact, including the power to act in a single transaction or on a single type of matter. A limited power of attorney typically only remains in effect while the transaction or purpose is active, and it cannot be renewed without adding specific language to that effect. Ohio’s limited power of attorney is governed by Chapter 1337: Power Of Attorney and administrative rules and authority R.C. § 1337.42. According to this law, an agent has the power to handle the principal’s assets and transactions according to the principal’s instructions unless they have been prohibited explicitly in the document, and the agent may not act beyond the scope of authority. To be valid, an Ohio POA Must be signed following the state-specific signing requirements stipulated in R.C. § 1337.25 -Execution of power of attorney.
Download: Microsoft Word (.docx)
Medical power of attorney
An Ohio medical power of attorney grants a person, not the patient’s doctor, the authority to make health care decisions on behalf of the principal (the patient) when they are incapacitated. While creating a medical power of attorney in Ohio, the principal may choose to appoint additional agents who will have the authority to act on their behalf if the primary agent cannot serve. Medical powers of attorney Ohio must be signed following the state-specific laws established in § 1337.12(B & § 1337.12(C), which requires signing the document in the presence of at least two witnesses or acknowledging the signature before a notary public. In addition, the applicable Ohio Statutes are outlined in Chapter 1337.17 (Powers of Attorney), and residents must conform to these laws.
Download: Microsoft Word (.docx)
Minor (Child) power of attorney
A minor power of attorney, sometimes referred to as a child power of attorney, is a type of POA that is usually executed by either the child’s parent or legal guardian. The appointed agent should be a trustworthy person, and they should have a close relationship with the child such that they understand their needs. This could be the child’s grandparent, aunt, uncle, sibling, or close family friend. This document proves helpful when the child’s parent cannot care for them due to travel, military deployment, incapacitation, etc. The execution of an Ohio power of attorney is governed by statutes established in § 3109.52 to § 3109.61. The applicable signing requirements can be referenced from § 1337.25, but the principal holder must acknowledge their signature before a notary public for the POA to be valid.
Download: Microsoft Word (.docx)
Real estate power of attorney
A real estate power of attorney gives an agent the authority to make accurate estate-related decisions on the principal holder’s behalf. This type of POA is commonly referred to as the “power of attorney for real estate transactions.” It includes rights to handle the real estate property’s sale, purchase, lease, and financing transactions. The real estate POA can also transfer ownership rights and responsibilities from one person to another. Once it is signed and executed by the principal, a real estate POA can remain in effect for the period determined by the principal unless they revoke it in writing or creates a new power of attorney that will automatically supersede the initial power of attorney form. The laws governing the execution of a real estate power of attorney are found in Chapter 1337: Power Of Attorney, and the applicable signing requirements are outlined in R.C. §§ 1337.25, 1337.04.
Download: Microsoft Word (.docx)
Revocation of power of attorney
An Ohio revocation power of attorney form is a type of POA that a principal holder creates and executes to declare that their previous power of attorney is no longer valid. The revocation action must be in writing, and copies of the signed document must be delivered to the agent and any other third parties that may have been notified of the existence of the original power of attorney form. The laws governing the signing, execution, and use of revocation of power of attorney in Ohio are outlined in § 1337.05
Download: Microsoft Word (.docx)
Tax power of attorney (Form TBOR 1)
A tax power of attorney authorizes an agent to represent a principal holder before the IRS, Ohio Department of taxation, BMV, and other tax-related agencies. The principal usually determines the agent’s powers and clearly outlines them in the POA form, such that there is no confusion regarding the powers given. For example, the powers of an agent in form TBOR 1 may include viewing and receiving copies of returns on behalf of the principal taxpayer, filing specific tax forms, making any return information available, authorizing the disclosure of such returns, and disclosing financial information to relevant agencies, etc. To execute a tax power of attorney, only the principal’s signature is required
Download: Microsoft Word (.docx)
Vehicle power of attorney (Form BMV 3771)
A vehicle power of attorney allows a third party to sign and complete certain Bureau Motor Vehicles-related transactions in Ohio. The agent’s authority includes the right to accept transfer or return of the non-owner’s interest in the vehicle, waiver or consent for changes in title and registration status, request an assignment of title from BMV, and authorize an address change on the vehicle title. The agent’s signature will be accepted as if the owner had signed, so long as the BMV has received a copy of the POA and the document is within the specified validity duration. To execute a vehicle POA, the principal holder must sign it in the presence of a notary public who will acknowledge its signing.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A springing power of attorney grants limited authority to an agent. The POA only takes effect when and if a specified event occurs. In most cases, once the purpose has been fulfilled, the springing Ohio power of attorney is terminated. The authority granted through this type of POA may be for a single event or a series of events.
Download: Microsoft Word (.docx)
Governing Laws
Ohio has various specific laws that must be considered when creating a power of attorney within the state. First, the principal must sign their power of attorney in the presence of a notary citizen, who must also sign the form in order to be valid. Additionally, Ohio state law § 1337.25, § 1337.61 provides that if the Agent Certification form is completed, the agent must also authorize their signature before a notary citizen.
The Ohio state law §1337.04 also stipulates that extra steps must be taken if a principal wishes to create a real estate power of attorney form. This includes recording the document at a local county recorder’s office before an agent can wield the outlined powers and responsibilities. A statutory form of the power of attorney is available at § 1337.60.
Ohio POA Requirements
For a POA to be considered valid in the state of Ohio, it should meet the following legal requirements:
- §1337.04 of Ohio state statutes, if a power of attorney involves a real estate transaction, it must be recorded with the appropriate county recorder’s office
How to Get a Power of Attorney in Ohio?
You can get their power of attorney by following these simple steps:
Decide the power of attorney to make
The first step of getting a power of attorney in Ohio involves deciding which type to make. This depends on the principal’s specific needs and purpose for which they need a power of attorney.
Select a preferred agent
Step two of obtaining a power of attorney form involves selecting a trusted person to act as an agent. Again, it is normally a great idea to speak to the selected agent beforehand to ensure they are willing and available to serve in the position they have been nominated for.
Define the powers
Thirdly, the principal should decide which powers to grant their agent. These could be general powers or limited in scope, depending on the principal’s unique needs and purpose for creating the POA.
Get a power of attorney form
After deciding which type of form to create, selecting a trusted agent, and defining the POA’s powers, the principal should proceed to create the document. They can download an online state-specific POA form available in reputable online sources, or they may hire the services of a competent estate planning attorney who will prepare the POA on their behalf.
Here are some free POA forms for Ohio to download:
Sign and notarize it
The next step involves completing the form according to the instructions provided, signing it as per the power of attorney signing requirements, and having the form notarized by a notary public or another individual authorized by law to take acknowledgments. Depending on the specific type of Ohio POA that the principal creates, they may need to sign it in the presence of at least two disinterested witnesses.
Issue copies of the completed document
Once the principal’s power of attorney form is signed and notarized, it is already executed per state requirements. To be valid, all the relevant parties, including the agent and any other third parties using the POA form, must be issued with a copy of the document.
Record the document
If a power of attorney involves real estate transactions, a principal holder based in Ohio Must record it at the relevant county recorder’s office. However, this step is optional for other power of attorneys in Ohio.
Conclusion
A power of attorney in Ohio is a legal tool that allows the principal holder to designate some decision-making powers to a selected agent or attorney-in-fact. Most commonly, the power of attorney from is used by the principal who has assets or holdings they would like controlled by a trusted attorney-in-fact while they are away or in a situation where they can no longer make decisions for themselves.
According to Ohio law, a power of attorney may be declared invalid if it fails to meet the state’s statutory requirements or violates any relevant provisions found in the Ohio revised code. Therefore, it is vital for anyone who needs or wants a power of attorney in Ohio to know and understand these requirements to execute their power of attorney validly. This article has helped shed some light on powers of attorney in Ohio, including all types of POAs in Ohio, how to execute each type and when to use, Ohio POA governing laws and requirements, and how to get an Ohio power of attorney.
