Ohio Durable (Financial) Power of Attorney Form

The Ohio Durable (Financial) Power of Attorney Form is a legal document that any adult individual (hereafter referred to as the Principal) may enact to name another party (their Agent) who they wish to represent them when carrying out one or more tasks in their stead. Although the Principal must be competent at the time of drafting and executing the Power of Attorney (POA), if they enter into a state of incompetence after its execution, their Agent will be required to continue attending to any tasks that have been assigned to them by the Principal. The reason the Agent is required to do so is because of the durable provisions that are embedded in this type of POA.

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State Laws & Signing Requirements

State Laws – Ohio Uniform Commercial Code

Signing Requirements (§ 1337.25 and § 1337.06) – In order for a Power of Attorney to be validly executed, it must be:

  • Signed by the Principal (or by another individual at the Principal’s direction in their conscious presence), and
  • Acknowledged before a Notary Public or by another authorized individual

Should the arrangement relate to the transfer of personal property or the transaction of business, it must be signed, acknowledged, and certified in accordance with § 5301.01 of the Revised Code.