Updated January 14, 2023
An Ohio durable (statutory) durable power of attorney form enables a person (“principal”) to appoint another person (“agent”) whom they trust to handle financial matters on their behalf. The term “durable” refers to the form remaining legal even if the principal should become mentally handicapped. Therefore, it is recommended to choose a spouse or family member to be the agent and control their finances.
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Table of Contents |
Laws
Title XIII, Chapter 1337 (Powers of Attorney)
Definition of “Durable”
“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity (§1337.22(B))
Definition of “Power of Attorney”
“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used (§1337.22(G))
Signing Requirements
The principal is required to authorize in the presence of a notary public. If the Agent Certification is completed, the agent must also have their signature acknowledged (§ 1337.25, § 1337.61)
Statutory Form
The Ohio legislature has created a statutory power of attorney form available at § 1337.60.
How to Write
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Designation Of Agent
(1) Name Of Principal. The Ohio Principal is the Private Party issuing this document to designate an Attorney-in-Fact with authority over one or more areas.
(2) Name Of Agent. The Attorney-in-Fact, in the State of Ohio, is the person who will accept the principal power being delivered so that he or she can carry out the Principal’s directives effectively.
(3) Agent’s Address.
(4) Agent’s Telephone Number.
Designation Of Successor Agent(s) (Optional)
(5) Name Of Successor Agent. This paperwork shall provide an option to designate two Successor Agents in the State of Ohio. This allows a seamless transfer of the principal powers this document issues from an ineffective, unwilling, or revoked Attorney-in-Fact to a specific Party of the Principal’s choosing. The Successor Agent will not have access to principal power while the Attorney-in-Fact is actively able and willing to fill this role, but will be held in reserve to assume this authority when a replacement to the Attorney-in-Fact is necessary.
(6) Successor Agent’s Address.
(7) Successor Agent’s Telephone Number.
(8) Name Of Second Successor Agent. As previously indicated, two Successor Agents can be named. The Second Successor Agent will act as a backup to the First Successor Agent should he or she be unable or unwilling to take up a vacant Attorney-in-Fact role.
(9) Second Successor Agent’s Address.
(10) Second Successor Agent’s Telephone Number.
Grant Of General Authority
(11) Authorizing Initials. Two options are provided to designate the Principal’s authority to the Attorney-in-Fact in the State of Ohio. If the Principal intends to restrict the Agent from being able to affect certain areas of his or her life, then the first part of the list should be attended to by the Principal. This first part is designed to accept the Principal’s initials of authorization for only the powers he or she wishes to grant. Any powers that do not bear the Principal’s initials will be outside the Agent’s authorized principal powers.
(12) Blanket Authority. If the Principal wishes to grant all the powers then only the final statement “All Preceding Subjects” should be initialed.
(13) Communication. Regardless of whether the Principal has appointed authority in only one or more subject matter or has approved of the Attorney-in-Fact’s scope of principal powers to contain all the subjects listed, he or she must give deliberate approval for the Attorney-in-Fact to access all electronic communications sent to or from the Principal.
Special Instructions
(14) Optional Principal Directives. The Principal, at his or her discretion, can set specific instructions to the Attorney-in-Fact on paper in this template. In addition, he or she can use the space provided to also limit the Attorney-in-Fact’s granted powers or further discuss dates of effect and termination. Be advised that any provisions that are not included in this template by the time the Principal delivers a notarized signature will not be considered a part of its appointment.
Nomination Of Guardian (Optional)
(15) Guardian Of Estate Nomination. In a case where the Principal is incapacitated and requires safeguarding from the state, Ohio Courts may decide to appoint a Guardian to his or her estate. A nomination to this role can be made by the Principal through this document by recording the Principal’s preferred Guardian to his or her estate. Ohio Courts would often take such a consideration seriously.
(16) Nominee’s Address.
(17) Nominee’s Telephone Number.
(18) Guardian Of Person Nomination. A nomination to an Ohio Court-Appointed Guardian to the Principal’s person can also be made in this document by documenting this Party’s full name, address, and telephone name. While these nominations are optional and do not carry a guarantee that an Ohio Court will follow the Principal’s wishes (in this matter), it is suggested by and large as a wise precaution.
(19) Nominee’s Address.
(20) Nominee’s Telephone Number.
Signature And Acknowledgment
(21) Principal Signature And Date. The document that has been completed and authorized by the Principal must be executed through his or her signature. Once this action is completed before a Notary Public, the Principal should immediately enter the current date.
(22) Printed Name.
(23) Principal’s Address And Phone.
(24) Notarization. The Principal’s Notary Public must use the notarization area to authenticate this document’s signing.
Agent’s Certification As To Validity Of Power
(25) County Of Appointment. This document allows definitive proof of the Attorney-in-Fact’s understanding of this role in its final section. This area must begin with a report of the Country where it is issued.
(26) Name Of Agent. The printed name of the Attorney-in-Fact is required to complete the acceptance paragraph.
(27) Name Of Principal. The Principal’s printed name is needed to supplement the Attorney-in-Fact’s acceptance.
(28) Power Of Attorney Date. The date defining the previously signed power appointment must be issued.
(29) Agent Statement. The Attorney-in-Fact can include a specific statement with his or her formal acceptance of the defined role.
(30) Agent’s Signature And Date. The Attorney-in-Fact’s signature should be dated and provided before an Ohio Notary Public.
(31) Agent’s Name And Address. A record of the Attorney-in-Fact’s full name and contact information is needed.
(32) Agent’s Telephone Number.
(33) Notarization Of Agent Statement. An Ohio Notary Public should be on-site to witness then notarize the Agent’s signing of this certification area.
Related Forms
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