An Ohio Power of Attorney provides a legal method by which a person can designate another to be his or her representative in a variety of situations and circumstances. Although there are different forms for different purposes, they all have similar characteristics in that there is a designated proxy who stands in place of the person who creates the POA and acts in their place. In addition, most require other signatories, either a notary or witnesses to witness the execution of the document and acknowledge the identity of the creator.
Durable Power of Attorney – The durable type is a form that grants financial authority over the principal’s assets and property. It is considered durable because it remains in effect even after the principal is no longer able to make his or her own decisions due to physical or mental incapacity.
General Power of Attorney – Also grants financial authority over the principal’s assets and property, however, it is not considered “durable” because it terminates automatically if and when the principal is no longer able to make his or her own decisions due to physical or mental incapacity.
Limited Power of Attorney – For more limited or specific circumstances or transactions. It terminates when the transaction or circumstance is complete.
Medical Power of Attorney – For appointing a representative to manage health care decisions when the person who made the appointment becomes unable to communicate with healthcare providers.
Minor Child Power of Attorney – For use when a parent of a minor anticipates being away from the child for a period of time an needs to have a grandma or other relative or friend in charge. This form gives the caretaker authority to make decisions on behalf of the child.
Real Estate Power of Attorney – For the appointment of another person to handle the real estate of an individual or entity. May be used for the buying, selling, or everyday responsibility of property.
Revocation of Power of Attorney – Used when a person wants to terminate a POA that is still in effect. It should be used in conjunction with providing notice to the relevant folks.
Tax Power of Attorney Form – For use when a principal has tax matters before the Ohio Department of Taxation and wants to have a tax professional deal with the issues.
Vehicle Power of Attorney – For use when a person seeks to have his or her car titled or registered in Ohio and wants to have someone else handle it.
How to Write
1 – Choose One Of The Downloadable Files Presented With The Image
The paperwork supplied here will enable a Principal to designate his or her Authority. Download it by clicking one of the buttons supplied near the image. It is strongly recommended the Principal read the introduction supplied on this paperwork.
2 – Disclose The Identity Of The Principal And His Or Her Agent
Locate the title “State Of Ohio Statutory Form Power Of Attorney.” Some information will need to be supplied to the area directly below the title. Begin by stating the Principal’s Full Name on the first blank line.Below this, record the “Name,” “Address,” and “Telephone Number” of the Agent who will be designated with the Authority the Principal wishes the Agent to wield on his or her behalf.
3 – Document The Information Of Each Successor Agent
The Principal can also take the precaution of naming two Successor Agents. These individuals will utilize Principal Power if the Principal’s Agent is unable or unwilling. This is the only circumstances in which the Successor Agent is able to behave in such a way. It should be noted the Successor Agents will be able to assume the Agent’s Principal Power in the order they presented. Fill in the Name, Address, and Telephone Number of each Successor Agent using the spaces provided. Begin with the First Successor Agent who will be called upon to wield Principal Authority if the Primary Agent will not or cannot act in such capacity. Enter his or her Name, Residential Address, and Phone Number on the blank lines provided (“Name Of Successor Agent,” “Successor Agent’s Address,” and “Successor Agent’s Telephone Number”).
Supply the area just below the statement “If My Successor Agent Is Unable…” with the Second Successor Agent’s Name, Address, and Telephone Number. This will be the person who will assume Principal Powers only if both Agent and First Successor Agent will no longer do so.
4 – A Principal Determination Of Delivered Powers Is Required
The list of Principal Powers supplied in the “Grant Of General Authority” is reserved strictly for the review and approval of the Principal intent on appointing them to an Agent. To successfully deliver such Authority, it must be defined and approved. Each list item represents an area in the Principal’s life where the Agent may potentially wield Principal Powers. To approve the Agent’s use of this Power, the Principal need only initial the blank line preceding it. For example, if the Principal wishes the Agent to make decisions and wield Principal Power regarding his or her “Stocks And Bonds,” “Commodities And Options,” “Banking And Other Financial Institution” but not have the Authority to act in matters of “Claims and Litigation,” he or she will need to initial the blank line preceding “Stock And Bonds,” “Commodities And Options, and “Banking And Other Financial Institution” while leaving the blank line corresponding to “Claims And Litigation” blank. If desired, the Principal can deliver Principal Authority in all the subject matters on this list by simply initialing the line labeled “All Preceding Subjects.” Note: Once the Principal signs this paperwork, this list may not be altered.
5 – Any Specific Or Special Instructions Accompanying These Powers Must Be Presented
In some cases, the Principal intends for the Powers delivered here to be used in a certain way or at a certain time. Additionally, there may be specific circumstances, provisions, extensions, or limitations the Principal may wish applied to the Agent’s access and use of Principal Authority. Any such directive should be documented using the blank lines under the bold heading “Special Instructions.” For example, this document is currently set to go into effect immediately after the Principal signs it and grant Principal Powers to the Agent indefinitely if it is not revoked by the Principal. This area would allow the Principal to name specific Start and End Dates if this is preferred. The Principal may give any instruction here that is not considered illegal.
6 – The Principal May Take This Opportunity To Nominate A Guardian
In the spirit of providing the Principal with the Opportunity fully control who may wield Authority in his or her Name, an opportunity for the Principal to Nominate a Guardian is presented. Here, the subject of discussion will be the even the courts decide the Principal may no longer make his or her own financial decisions as a result of being incapacitated (i.e. in a vegetative state). Oftentimes, it may be ruled that a Guardian over the Principal’s body and/or estate will be necessary so the Principal’s interests may be protected while incapacitated. The individual named as Guardian is strictly at the discretion of the courts however, the Principal may disclose who he or she prefers for this role by Nominating him or her in the “Nomination Of Guardian” section. This is optional and may be left blank, however, many would consider it a wise precaution to make such a Nomination when delegating Principal Authority.
Use the blank lines labeled “Name Of Nominee For Guardian Of My Estate,” “Nominee’s Address,” and “Nominee’s Telephone Number” to officially Nominate an individual to safeguard his or her Estate/Property interests should the court decide one needs to be appointed.Similarly, utilize the blank lines bearing the labels “Name Of Nominee For Guardian Of My Person,” “Nominee’s Address,” and “Nominees Phone Number” to Nominate an individual to act as a Guardian over his or her physical body and well-being in the event such an entity is deemed necessary by the courts.
7 – A Principal Signature That Is Dated And Notarized Is Mandatory For This Document’s Execution
The Principal will need to provide concrete proof this document represents his or her intent. This can only be done with a substantiated signature that only he or she can provide. The Principal should be guided to turn his or her attention to the section with heading “Signature And Acknowledgement.” He or she should Sign and Print his or her Name on the blank lines labeled “Your Signature” and “Your Name Printed.”Immediately after providing this signature, the Principal must submit his or her Date on the line labeled “Date.”Finally, the Principal should supply his or her current Legal Address and Telephone Number using the last two blank lines in this section.The area directly below this will be satisfied by the Notary Public. This entity will verify the Principal’s Signing as having occurred by supplying some information, his or her credentials, and stamp.If this document was prepared by anyone other than the Principal, this individual must self-report his or her Identity and Contact Information on the blank lines below the words “This Document Prepared By.”