Ohio Durable Power of Attorney Form

Choose powers deliberately

The statutory text provides spaces for a principal, agent and successors. Initial the subjects you intend to grant. Review special instructions separately: certain gifts, trust actions and beneficiary changes need express authorization and initials. General banking authority is not a substitute for those decisions.

The form concerns property and money. It does not appoint someone to make medical treatment decisions. Use the separate Ohio health care resource for that purpose.

Sources: [1]

Durability and start date are different

Section 1337.24 makes a power created under Ohio’s financial-power provisions durable unless it expressly ends on the principal’s incapacity. Durability describes continuation of authority; it does not itself postpone the start.

Under §1337.29, authority generally begins when the document is executed. A document can provide for a future date or event. If you choose an incapacity trigger, consider who will make the required determination and how the receiving institution will receive the evidence.

Sources: [2] [3]

Understand the acknowledgment provision

Section 1337.25 requires the principal’s signature, or a directed signature in the principal’s conscious presence. Acknowledgment before a notary or another authorized officer creates a presumption that the signature is genuine. That section does not impose a universal two-witness requirement.

The published statutory form includes a signature and acknowledgment section. Plan to complete that section with the appropriate officer when using this form, and ask the recipient about transaction-specific requirements. Do not copy the witness rule from a medical form.

Sources: [4] [1]

Prepare a document your agent can use

List the tasks you expect the agent to handle, consider a successor, and discuss the role before signing. Review compensation, any coagent arrangement and limits with the proposed agent. Keep a complete copy accessible and provide it to institutions that need to evaluate the authority.

If you want gifts, trust amendments or changes benefiting the agent, obtain individual drafting advice before inserting language. The form’s agent notice also explains recordkeeping and the obligation to stay within granted powers.

Sources: [1]

Related forms and guides

• Ohio Power of Attorney Forms
• Ohio Health Care Power of Attorney Form
• Durable Financial Power of Attorney Forms by State
• Medical vs. Financial Power of Attorney

Sources and verification

1. Ohio Legislative Service Commission: source and instructions ↗ (opens in a new tab)
2. Ohio Revised Code §1337.24: durability ↗ (opens in a new tab)
3. Ohio Revised Code §1337.29: effectiveness ↗ (opens in a new tab)
4. Ohio Revised Code §1337.25: execution ↗ (opens in a new tab)
5. Ohio Legislative Service Commission: complete document ↗ (opens in a new tab)

Authenticated statutory PDF downloaded and inspected: 7 pages, printable form text. Its authentication signature field is not a user fillable form.

The date above records a source check. It does not certify that a form is suitable for your circumstances or that an attorney has reviewed your document. Read the publisher’s current instructions before use.