There are several types of powers of attorney in Ohio:

Durable Financial Power of Attorney

A durable power of attorney is a power of attorney that remains effective when you are incapacitated. Under Ohio law, a power of attorney is durable unless it states that it is terminated by the principal’s incapacity.

Nondurable Financial Power of Attorney

A nondurable power of attorney terminates when the principal is incapacitated. For a financial power of attorney, incapacity means that the principal cannot manage property or business affairs because of any of the following:

• An impaired ability to receive and evaluate information
• An impaired ability to make or communicate decisions
• The principal is missing
• The principal is detained or in prison
• The principal is outside of the country and unable to return

Springing Power of Attorney

In Ohio, a financial power of attorney is effective immediately after it is signed and notarized unless it states that it is effective at a future date or upon the occurrence of a future event. If it is effective later or follows a specific event, it is called a springing power of attorney.

The most common reason people use a springing power of attorney is to allow an agent to act only during incapacity. A springing power of attorney sounds like a good idea. However, they can cause confusion or delay because your agent will need proof that the event has occurred. If you trust someone enough to manage your finances when you are incapacitated, you should be able to trust that they will not abuse a power of attorney.

Power of Attorney for Grandparents

Ohio has a special power of attorney that allows grandparents to have most of a parent’s legal rights to care for a child. This includes the ability to enroll a child in school, make health care decisions for the child, and obtain the child’s health and school records. This power of attorney is limited to grandparents.

You likely do not need a lawyer to help you make a power of attorney. Powers of attorney are easy to create if you have an easy-to-complete form like the ones we offer above.

If you have concerns about who your agent should be or how much power to give your agent, you can consult with an attorney licensed in Ohio.

If you want to revoke a power of attorney, you should revoke it in writing and sign it before a notary public. You should give the revocation to your agent, your banks and financial institutions, and any business or person your agent has done business with.

If your power of attorney includes the power to conduct real estate transactions, you must file the revocation in the same county recorder’s office where you filed the power of attorney.

A power of attorney also will terminate when any of the following happens:

• The principal dies
• The principal becomes incapacitated, and it is a nondurable power of attorney
• The power of attorney has a termination date
• The power of attorney’s purpose is accomplished
• The principal revokes the original agent’s authority, and there is no successor agent or co-agent
• The original agent dies, resigns, or becomes incapacitated, and there is no successor agent or co-agent

An agent’s authority also will terminate if the principal and agent are married and they legally separate or file for divorce unless the power of attorney says it will survive any of these events.

Finally, creating a new power of attorney does not revoke an old one unless the new power of attorney states that it does.

Revoking a Durable Power of Attorney for Health Care

If you do not revoke your power of attorney for health care, it will not expire unless you list an expiration date. However, if you are incapacitated on the expiration date, the power of attorney will remain in effect until you regain capacity.

You may revoke your durable power of attorney for health care at any time by any manner, including:

• Telling your attending physician your intent to revoke it
• Telling another health care professional your intent to revoke it (However, the revocation will not be effective until they tell the attending physician)
• Creating a new durable power of attorney for health care

Suppose you are not receiving medical care when you revoke your power of attorney. In that case, you should let your attorney know and inform your primary physician that you have revoked it.

If you have elderly parents who you think need a power of attorney, you can help them create their own if they are competent.

If they are not competent or there is any question about their ability to understand what they are signing, you should not have them create a power of attorney. In this case, you should contact an attorney licensed in Ohio who can help you petition a court to give you or another trusted adult the power to make decisions for your parents.