A guide to making an Ohio power of attorney

What is a power of attorney?

A power of attorney, or POA, is a legal document that lets you grant another person the authority to make important medical or financial decisions on your behalf. This person is called your agent. Powers of attorney are important legal documents that let you prepare for a time when you aren’t able to communicate your preferences.

In Ohio, you can create your own power of attorney. As long as you follow Ohio’s requirements, any POA you create is just as legal as one drafted by a lawyer. And with the help of free power of attorney forms, it’s easier than ever to create a valid Ohio POA that reflects your wishes. We’ll walk you through everything you need to know.

Refresher: What is a power of attorney, and why do I need one?

Types of powers of attorney

Ohio recognizes several types of POAs. Each one serves a specific purpose, and some take effect at different times. Here are the most common types:

1. Ohio durable power of attorney

When a power of attorney is “durable,” it means your agent’s authority continues if you become incapacitated. For example, if you were in a car accident and fell into a coma, your agent would still be able to make decisions for you under a durable POA. As a result, durable POAs are used for estate planning, because you’re planning for a situation where you may need someone else to make important decisions for you.

The state of Ohio assumes all POAs are durable by default. If you don’t want your POA to be durable, you must specifically state that intention in your POA document. If your power of attorney isn’t durable, your agent’s power to act ends if you become incapacitated.

2. Ohio financial power of attorney

In Ohio, a financial POA (also called a general POA) gives your agent the authority to handle your financial and business matters. For example, you can give your agent the power to pay your bills, file your taxes, and sell or rent out your real estate. Your agent can also make charitable donations on your behalf, but you must specifically grant them this power in your POA. If this is important to you, it’s a good idea to tell your agent which charities you support and how much you usually give.

You can find Ohio’s statutory form power of attorney in Section 1337.60 of the Ohio Revised Code.

A financial POA doesn’t let your agent make healthcare decisions for you. Those decision rights are covered by a medical power of attorney. However, you can give your agent the power to pay for your medical expenses, since that’s a financial decision.

3. Ohio medical power of attorney / health care power of attorney

With a medical power of attorney — known officially in Ohio as a “health care power of attorney” — you give someone the authority to make healthcare decisions on your behalf. This person is called your “surrogate” or “attorney-in-fact.” The decisions your surrogate makes could be about your treatment options, medication, surgery, end-of-life care, and more.

For your medical POA to be valid in Ohio, you need to sign your medical power of attorney in front of two adult witnesses, or in front of a notary public (you don’t need both). Your witnesses should be “disinterested” — we’ll go over what this means below.

Ohio power of attorney requirements

To make an Ohio power of attorney, you must:

• Be at least 18 years old
• Be “of sound mind,” meaning you understand the effects of making a POA
• Properly execute (sign and witness) your POA. For a financial POA, sign your document in the presence of a notary public. For a medical POA, sign your document in the presence of a notary public or in front of two competent adult witnesses.

Witness requirements for Ohio medical power of attorney

Ideally, the witnesses who sign your medical POA should be “disinterested,” meaning they aren’t:

• Your agent
• A family member related to you by blood, marriage, or adoption
• Someone who will inherit something from your estate when you die
• Your healthcare provider (like your doctor or caretaker)
• The administrator of any nursing home where you receive care

Once you sign and witness your power of attorney, you should give a copy of the document to your agent. They’ll need to present the POA to appropriate authorities (like your bank or hospital) to prove they have the legal authority to make decisions on your behalf.

Who can serve as your agent in Ohio?

According to Ohio law, your POA agent must be a competent adult, such as a family member, close friend, business partner, or anyone you trust to act in your best interests. Your agent doesn’t have to be a lawyer.

If you make an Ohio medical POA, your healthcare agent can’t be your doctor, or an employee of your doctor, hospital, or nursing home.

If you have a power of attorney, do you still need a will?

Yes! Estate planning professionals agree that you should have both a will and a POA. These two important legal documents serve different purposes. Your last will and testament distributes your property after your death. Your power of attorney covers important decisions that may have to be made during your lifetime in the event you become ill or injured.

Learn more about how to make an Ohio will.

How to make an Ohio power of attorney

Here are the basic steps to make your Ohio power of attorney:

1. Decide which type of power of attorney to make. If you create your POA for estate planning purposes, consider a durable POA for your finances and a medical POA for your healthcare preferences.
2. Decide who you want to be your agent or surrogate. It’s a good idea to speak to this person beforehand and make sure they’re willing to serve in the position you’ve nominated them for.
3. Decide what powers you want to give your agent or surrogate. What financial or medical decisions do you want them to be responsible for managing on your behalf?
4. Get a power of attorney form. The state of Ohio provides a statutory form POA for financial decisions. It doesn’t have a standardized form for a medical POA. In both cases, you can use FreeWill’s free online software to create a power of attorney document tailored to your needs.
5. Complete the form, sign it, and then have it notarized or witnessed. If you create a medical POA, you need to sign the form in the presence of two witnesses or a notary public, who must also acknowledge and sign. If you create a financial POA, you need the acknowledgement and signature of a notary.
6. Give a copy of your POA form to your agent and other interested parties, like your bank and medical office. In Ohio, if your financial POA gives your agent the authority to buy or sell real estate, you must file it at the recorder’s office in the county where the property is located.
7. Keep your POA forms in a safe place with your other estate planning documents.
8. Update your POA as your circumstances change.

A power of attorney creates peace of mind

If you’re ready to create your power of attorney but aren’t sure where to begin, FreeWill can help. Just choose a document type, complete the questionnaire, and you’ll receive a document reflecting your wishes. We also include instructions for how to execute your documents to make them valid under Ohio law. It takes most people just 20 minutes to complete and download their documents. The best part? It’s completely free.

Create an Ohio financial power of attorney

Create an Ohio living will (includes a medical power of attorney)

Everyone’s situation is unique, so if you have any questions or concerns about your power of attorney, consider meeting with an estate attorney.