How do I create a power of attorney in Ohio?
Ohio is a full UPOAA state, providing strong standardization and third-party protections.
1. Governing Law
Ohio Rev. Code §§ 1337.21-1337.64 (Ohio Uniform Power of Attorney Act, effective 3/22/2012). Replaced the prior Statutory Short Form POA.
2. Types
3. Statutory Form
Ohio Rev. Code § 1337.60 provides a statutory form. Use is optional; any properly executed POA is valid.
4. Execution Formalities
Under § 1337.25, the POA must be signed by the principal (or by another in the principal's conscious presence and at the principal's direction) and acknowledged before a notary public. No witnesses required for a financial POA. Healthcare POA under § 1337.12 requires either two adult witnesses OR notarization.
5. Durability
Under § 1337.24, a POA is durable unless it expressly provides that it terminates on the principal's incapacity. Ohio follows UPOAA's default-durable rule.
6. Acceptance by Third Parties
Ohio Rev. Code §§ 1337.51-1337.53 mirror UPOAA § 120. A person presented with a POA must either accept it or request a certification/opinion of counsel within 7 business days, and accept within 5 business days after receiving the requested document. Unjustified refusal allows court-ordered acceptance plus attorney fees.
7. Revocation
Principal may revoke in writing at any time (§ 1337.28). Notice to agent and known third parties required. Recording if real estate POA. Death or court-appointed guardian terminates (guardian may suspend agent's authority).
8. Special Authorities
Section 1337.42 requires express grant for "hot powers": create/amend/revoke a trust, make a gift, create or change rights of survivorship, change beneficiary designations, delegate authority, waive principal's right to be beneficiary of joint-and-survivor annuity.
This is legal information, not legal advice.
- Bank refuses POA past the 7-day certification window
- Suspected breach of fiduciary duty by an agent
- Coordinating POA with revocable trust and beneficiary designations
- Ohio Rev. Code § 1337.21
- Ohio Rev. Code § 1337.24
- Ohio Rev. Code § 1337.25
- Ohio Rev. Code § 1337.42
- Ohio Rev. Code § 1337.51
- Ohio Rev. Code § 1337.60
- Ohio Rev. Code §§ 1337.11-1337.17
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.