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Ohio Springing Power of Attorney

An Ohio springing power of attorney is used to legally authorize a person (an agent) to manage the specified personal affairs of another individual (the principal). This type of POA is typically written so that it becomes effective only if the principal becomes physically or mentally unable to manage their own affairs.

Updated June 28, 2024

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Permitted in Ohio?

Yes, a power of attorney may be written so that it becomes effective at a later date or when a specified future event happens.[1]

Signing Requirements

This type of document must be signed by the principal or by an individual at the direction of the principal in the presence of a notary public.[2]

“Incapacity” Definition

“Incapacity” means inability of an individual to manage property or business affairs for either of the following reasons:
(1) The individual has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance.
(2) The individual is any of the following:
(a) Missing;
(b) Detained, including incarcerated in a penal system;
(c) Outside the United States and unable to return.[3]