If a resident of Ohio thinks a lot of their future and wants to appoint someone who will take care of various matters even when that resident is unconscious, they might consider creating the Ohio Durable Power of Attorney Form (or DPOA), a special legal document valid in the United States.
The form allows a person to grant different responsibilities to someone trustworthy in case the person suddenly becomes incapacitated (for instance, after a car accident or during an incurable or harsh disease). In these legal relationships, the person who selects a responsible representative and creates the DPOA is called a principal, and that representative becomes an agent at the moment of the document signing.
The form is durable because it is rather solid compared to many other legal documents used in the US. It will be effective, and the designated agent will be able to conduct operations on behalf of the principal until one of the two happens: either the principal cancels the form or dies. If the principal wants to select another agent, the legal way to do so is to revoke the existing form and make a new one.
You can create a personalized Ohio Durable Power of Attorney Form using a specialized document builder that will get you through the process step by step:
You can also download a free Ohio Durable Power of Attorney Form template as a PDF file to fill and print it out yourself:
Essentials to consider
There are some items mandatory for each DPOA created in Ohio and other states. When you draft your own template, ensure that you have included:
- Your name (as a principal)
- Your agent’s name
- Responsibilities that you grant to your agent.
In some states, principals must ask for a notary verification or witnessing when they sign their DPOA. We will later define what you shall do to make the form valid when creating it in Ohio, explain some legal basics, and tell more about the powers one can grant to another by the form.
Before we proceed to the laws and requirements you need to know when making the document in the state of Ohio, we should warn you that the form has nothing to do with principals’ health care and last will. DPOA works only for financial issues and responsibilities.
Other documents are made in case you want to appoint your health care agent (for instance, Medical POA or Living Will).
Ohio DPOA Signing Requirements and Laws
Title XIII of the Ohio Revised Statutes contains laws and norms that regulate the DPOA form in the state. All of them can be found in sections from 1337.01 to 1337.64. When drafting your template, take some time to read those provisions carefully.
Signing requirements for the form in Ohio are outlined in section 1337.25 of the Statutes. According to this section, the principal must sign the form and notarize it. Instead of a notary public, another individual authorized by law may leave their signature on the document.
The Ohio Revised Statutes offer a statutory form in section 1337.60. We recommend you use it to ensure that the document is correct.
What Powers Can an Agent Obtain Under a DPOA in Ohio?
In the majority of states, the list of powers looks alike and contains more than ten items. When writing the DPOA in Ohio, you may designate the following actions to your agent:
- Tax issues
- Bank operations
- Other financial institutions operations
- Retirement plan transactions
- Real estate operations
- Digital assets transactions
- Insurance and annuities matters
- Business operations
- Commodities and options
- Governmental benefits (from military service, medical programs, and other perks)
- Tangible personal property operations
- Claims and litigation
- Stocks and Bonds
- Family and personal maintenance
- Operations tied to estates, trusts, or other beneficial interests.
If you are a hundred percent sure of your agent, you are also allowed to transfer all of the preceding responsibilities to them. However, if you are ready to designate your agent with some limitations, you can provide additional instructions in the empty lines below the list.
In Ohio statutory DPOA form, you can also let your agent access your digital communications (emails, messengers, and so on).
When granting responsibilities, remember to choose them wisely and think thoroughly of all the possible limitations. Even if you trust your agent, there might be some peculiarities to consider. It would be great if you consulted your lawyer and asked for advice.
When an Ohio DPOA Can Lose Its Power
As we have mentioned above, the form is called durable because it is valid until the principal’s death or when they decide to cancel the document (if such a moment occurs).
Revocation might be needed if, for one, a person who has appointed their spouse as an agent wants to split up. Another example is the agent’s death before a principal becomes incapacitated or passes away. If the document cancellation is required, a principal shall create a certain POA revocation form and sign it together with a notary public.
If someone close to a principal thinks that their trusted agent conducts fishy operations with the principal’s property, the best idea is to talk to a principal (if they are conscious), ask an agent, and start a trial in court if the agent does not give any satisfying answers.