The Full Rundown of Ohio Power of Attorney Witness Requirements

Create a Power of Attorney The Full Rundown of Ohio Power of Attorney Witness Requirements

Ohio Power of Attorney Witness Requirements Clarified by DoNotPay

Once you have drafted your power of attorney (POA), the most important thing you have to do is to make sure it complies with your local laws.

In Ohio, you have to fulfill certain criteria when you sign a POA to make sure the document is valid and enforceable.

DoNotPay has all the info you need to understand Ohio power of attorney witness requirements and ensure your POA does its job.


What Are the Witness Requirements for a POA in Ohio?

Ohio has different legislation for different types of power of attorney.

Medical and healthcare powers of attorney require two witnesses to countersign the POA letter.

Financial POAs do not require any witnesses unless they contain the nomination of a guardian for the principal. In this case, they are treated the same as a will, meaning they need two witnesses who are:

  • Aged 18 or over
  • Of sound mind
  • Not related to the principal or agent

What Are the Specifics of the Ohio Power of Attorney Statute?

Powers of attorney for financial affairs come in different forms, as follows:

Type of POA Explanation
Limited or special POA Limited powers of attorney confer control of specific areas of the principal’s finances to the agent or delegate full responsibility for a limited time
Springing POA A springing POA only comes into effect when the principal becomes incapacitated. The principal can also include springing clauses into a durable POA
General POA If the principal requires an agent to look after their financial affairs before they are declared incapacitated, a general power of attorney is a perfect choice. It confers full control of the principal’s finances to the agent but terminates as soon as the principal is declared incapacitated
Durable POA A durable POA delegates complete financial control to the agent and continues to be in force after the principal has been declared incapable of managing their finances

All Ohio powers of attorney are considered durable by default unless the principal states otherwise in the POA scope.

As a principal in Ohio, you can nominate one or multiple agents, but you should specify whether they should act:

  • Independently, each with full financial control
  • Independently, with designated areas of responsibility
  • Together by unanimous decision
  • Together by majority

Can You Draft Your Own Power of Attorney in Ohio?

The Ohio state legislature provides statutory forms for financial powers of attorney.

These are designed to achieve clarity and conciseness in the wording of every POA granted in the state to curb fraudulent agents.

You do not have to use the statutory form, but Ohio power of attorney laws state that you should base your POA document substantially on it.

If you draft your own power of attorney, you should include the following points:

  1. Names and details of the principal and agent
  2. Scope of POA
  3. Exclusions to agents’ power
  4. Commencement and termination dates

Names and Details of the Principal and Agent

The names, addresses, and contact details of both the principal and the agent should be recorded.

Scope of POA

The principal should define exactly what the agent is entitled to and expected to do.

This section can be used to classify the POA as durable or limited and should include as much detail as possible.

If the POA is intended to be durable or unlimited in scope, the principal must list every aspect of their financial affairs the agent is expected to run. These could include:

  • Control of bank accounts
  • Payment of bills
  • Management of real property
  • Running of investment portfolios
  • Provision of day-to-day needs

The more detail inserted by the principal, the more the likelihood that the agent will do a good job.

Exclusions to Agents’ Power

Ohio law states that agents are not allowed to:

  • Alter the principal’s will
  • Benefit financially from the agency unless specifically stated in the POA
  • Perform any illegal activity in executing the principal’s wishes
  • Enter into any conflict of interest

The POA document should include these exclusions and any other limitations the principal may want to include.

Commencement and Termination Dates

By default in Ohio, powers of attorney come into force on the date they are signed and are durable, meaning that they only terminate when:

  • Principal passes away
  • Agent becomes unable or unwilling to carry on performing the function
  • Principal revokes the POA in writing

Any variation needs to be stated clearly in the POA document.

If you do not want to draft your POA yourself and don’t want the expense of hiring a lawyer, DoNotPay has the solution—we can create your POA for you in a flash!

Simplify the Process and Let DoNotPay Create Your POA for You!

DoNotPay is the expert at making complex legal processes simpler—creating a power of attorney is a perfect example of how we can help!

To create your customized POA, all you have to do is:

  1. Sign up with DoNotPay in your web browser
  2. Click on our Create a Power of Attorney feature
  3. Fill in the details you want to be included in your POA

Your POA will be ready in an instant, and you can go ahead and sign it in the presence of a notary. Once you have your notary stamp and signature, your POA is in force. An even better way to save time and effort is to have your POA notarized using our online notarization product!

You just need to specify that you want us to connect you with a notary while completing the short questionnaire mentioned above, and you’re golden!

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