Sample Ohio Power of Attorney
What is a Ohio Power of Attorney and How is It Used?
Do you recoil at that thought of preparing, reviewing and then signing a power of attorney every time you remember the conversation you had with your estate planning attorney? Does your hesitation stem from the fear of losing your finances or the independence you’ve gotten used to? Do you have little trust in people? Well, it turns out that you are not the only one dealing with these insecurities.
However, you need to rise above those fears (life is about taking chances) and have someone you trust to hold some or all control over your finances, health or your child.
You can do that by signing a legal instrument called a power of attorney (POA). It is legally recognized, and if at any time you feel the need to revoke the document, you have complete authority over the revocation process.
A free Ohio power of attorney form will guide you when filling the form. Legally, the POA will recognize you as the principal, and the person you appoint will be referred to as the attorney-in-fact.
The next question becomes, what are the powers you can hand over to the agent using the free power of attorney form in Ohio? To answer that, here is a look at some of the main types of powers of attorney.
1. Ohio Durable Power of Attorney Laws
These are the legal processes which give your trustee legal authority to make big decisions in your place. In the state of Ohio, the durable powers of attorney (DPOA) are under the regulation of the state. The laws also make it clear that a physician who is unwilling to follow the principal’s directives regarding the preservation of life procedures cannot prevent the transfer of the patient to a different doctor or health care provider.
These legal requirements for the DPOA are found under the 1337.11, et seq. Code Section of the DPOA for health care.
Specific powers of the health care agent
The appointed agent will make decisions on medical procedures, medical interventions, treatments as well as any other medical measure that can extend the dying process. The special powers include the right to issue informed consent and ensuring that the decisions you make are according to the wishes of the patient, did he or she have the capacity to decide.
The legal requirements for the durable POA
The POA is given to an adult of sound mind. Once the document is reviewed, it should be signed and dated. The preparation and processing of the document should be done with at least 2 adult witnesses. In the absence of the witnesses, it should be notarized. Notarization will include an attestation of the fact that the principal is not under any duress and of sound mind.
What warrants revocation of the POA?
This document remains valid unless the principal specifies a date upon which the legal instrument expires. It is, however, revocable at any time and in any manner.
Revocation is also effective when the principal communicates the intention to revoke the powers. However, thing change if the attending physician knew beforehand of the existence of the DPOA; in which case the revocation of the powers will be effective when the intention gets communicated to the attending physician.
Note that a valid DPOA for health care will revoke any legal instrument prepared earlier.
Interstate validity: as long as the document meets the requirements set by the state of Ohio, it will be executable.
Noncompliance: an attending physician who acts in good faith and as per the most reasonable standards of practicing medicine will not be held liable professionally, civilly or criminally.
2. Ohio Limited Power of Attorney Law
A limited POA document is a legal instrument which lets you, the principal to give your agent specific authority over your affairs. It allows the agent to act in your place should you be incapacitated or unavailable.
Unless you issue notice, a power of attorney is irrevocable. So, to revoke those powers, you have to prepare a written and signed revocation notice and have it delivered to the agent and the third parties who could be relying on the directives of the agent to act.
3. Ohio Power of Attorney for Childcare Law
Wondering if a legal document granting authority to a non-parent for a short period exists? Well, yes. The Ohio POA for child care law is the legal instrument that is signed and notarized by a parent. It gives the parental authority to a non-parent over a minor. It works best if you will be away for some time and you want someone else to take care of the minor(s) without appearing neglectful. With the power granted, the non-parent can authorize medical treatment or sign up the child for an activity. You may limit the powers too.
Besides lasting a short while, it can be revoked at any time. For revocation, you need to send a notice or a form to the person you granted power – make sure it is signed and dated then deliver it in person. The powers granted are efficiently revoked as soon as you deliver the document.
So, all fears aside, would you like to start the process today? Our power of attorney forms are available online. Whether you live in Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Parma, Canton or any other city of Ohio, you can use our legal forms easily. Get yours today. Fill out the form above to get started.
OH Power of Attorney
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