A power of attorney in Ohio allows you, as an attorney-in-fact, to act for another person, your principal. The principal can grant you the authority to perform various actions for him, including banking, real estate document signing and retirement plan transactions. You can only get power of attorney in Ohio by having the principal sign a completed power of attorney document that meets the state laws' criteria. Section 1337.18 of the Ohio Revised Code sets the standards for a valid power of attorney.
Go to an office supply store. Ask the clerk for a power of attorney for Ohio. The form will have the legal wording required by Ohio state laws already included.
Meet with the principal. Bring the form, and start by putting the principal's name, address and telephone number on the "principal" line.
Put the attorney-in-fact's name, address and telephone number on the "attorney-in-fact" line. If more than one attorney-in-fact is named, the principal must decide if the attorneys-in-fact must act together, can act alone or can act if the majority agrees. Check the box next to the "act" statements that reflects the principal's wishes.
Write the name, address and telephone number of any successor attorney-in-fact the principal wants to name on the "successor" line. The successor only acts if the primary attorney-in-fact can't.
Ask the principal to indicate what powers he's giving. Ohio law does offer a standard format for granting powers. A list of common powers should be shown on the form, designated by letters, with a blank line before each letter. If the principal wants to give all the powers shown, he must put his initials next to the letter option for "all powers listed above." If he's only giving specific powers, he must initial each blank line next to the power he wants to give. He doesn't need to cross out powers he's not giving, but he can if he wants to.
Ask the principal when the power of attorney is going to be effective. The powers can begin immediately, upon the principal's incapacity as determined by persons he names on the power of attorney or two licensed physicians; on a specific date or because of a specific event. Check the appropriate box on the form in the commencement section. If his choice involves persons, dates or a specific event, he must give the persons' names, the date or include the event on the form.
Ask the principal if he wants powers to continue if he becomes disabled. If so, this will be a durable power of attorney. Check the appropriate option in the durability section.
Ask the principal if the attorney-in-fact should have access to his medical records. Ohio laws allow the attorney-in-fact to get personal health information for the principal, but this does not include the authority to make medical decisions. Check off the box reflecting the principal's choice.
Check off the appropriate box in the compensation section. Ohio laws allow an attorney-in-fact to receive compensation for his services, but the principal can void compensation rights by checking off the correct box on the form.
Ask the principal if the attorney-in-fact can act as such in transactions involving both the attorney-in-fact and the principal. Check off the correct box.
Name the principal's choice for a guardian or conservator if he wishes to exercise this option. He can nominate a guardian or conservator -- in case one is needed for him in the future -- and the person can also be the attorney-in-fact.
Bring the principal with the form to a notary public. Ask the notary to notarize the principal's signature. He must date the power of attorney as well. Sign as the attorney-in-fact in the acceptance of duties section, usually at the end of the form, after the principal's signature and notarial section. Ask the notary to notarize your signature.
Make a copy of the power of attorney for yourself. Give the original back to the principal.
- Power of attorney form
Tips & Warnings
- Form instructions might vary, so check the form's instructions before entering the powers. Follow the form's directions.
References & Resources
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