If there’s one thing we can all agree on, it’s that nobody wants to think about getting sick or injured. Unfortunately, life is unpredictable and these things can happen when we least expect them. That’s why it’s important to have a plan in place for when we’re unable to make our own decisions. One way to prepare for this possibility is by creating a durable power of attorney. In Ohio, this document can give someone you trust the authority to make decisions on your behalf if you become incapacitated. Here’s everything you need to know about drafting an Ohio durable power of attorney. First things first: what is a durable power of attorney? A power of attorney is a legal document that gives someone the power to make decisions for you. This person is known as your “agent” or “attorney-in-fact.” A durable power of attorney is different from a regular power of attorney because it remains valid even if you become incapacitated. In other words, if you’re in a coma or have severe dementia, your agent can still make decisions for you. This is especially important when it comes to medical decisions. Now, let’s get into the details of creating an Ohio durable power of attorney. The first step is to choose your agent. This should be someone you trust to make decisions that align with your wishes. It could be a family member, friend, or even a professional, such as an attorney or financial advisor. Keep in mind that your agent should be someone who is willing and able to take on this responsibility. Once you’ve chosen your agent, it’s time to fill out the paperwork. You can find a template for an Ohio durable power of attorney form online or through an attorney. The form will ask for basic information, such as your name, your agent’s name, and the powers you’re granting to your agent. These powers can include things like the ability to make medical decisions, handle financial affairs, or sell property on your behalf. It’s important to be specific about what powers you’re granting to your agent. Now, let’s take a look at an example of what an Ohio durable power of attorney form might look like. (Note: this is just an example and should not be considered legal advice.)
Ohio Durable Power of Attorney Form
This durable power of attorney is made on [insert date] by [insert your name], of [insert your address], Ohio.
Agent
I appoint [insert your agent’s name and address] as my attorney-in-fact (my “agent”) to act for me in any lawful way with respect to the following powers:
Powers
My agent shall have the following powers, in addition to any other powers granted by this document:
- To make decisions regarding my medical care, including the power to consent or refuse medical treatment and admit me to a hospital or other medical facility;
- To manage my finances, including the power to buy and sell property, open bank accounts, and pay bills;
- To make gifts on my behalf, including charitable donations;
- To handle any other affairs on my behalf that I would be able to handle if I were capable.
Limitations
My agent shall not have the power to do the following:
- Create, amend, or revoke any trust that I have established;
- Make or change my will;
- Take actions that are illegal or against my wishes;
- Revoke this power of attorney, unless my agent is my spouse.
Revocation
I reserve the right to revoke this power of attorney at any time, as long as I am capable of making my own decisions.
Signatures
In witness whereof, I have executed this durable power of attorney on the date and year first above written.
[Your signature and date]
Acceptance
I, [insert agent’s name], accept the appointment to act as attorney-in-fact under this durable power of attorney and agree to the duties imposed on me by Ohio law.
[Agent’s signature and date]
Once you’ve filled out the form, you’ll need to sign it in the presence of a notary public. The notary will verify your identity and witness your signature. Your agent will also need to sign the form in front of a notary. After it’s been notarized, make copies for yourself, your agent, and any other relevant parties, such as your doctor or financial advisor. Remember, a durable power of attorney is an important document that can give you peace of mind in the event that you’re unable to make your own decisions. If you have any questions about the process or need help drafting your Ohio durable power of attorney, consult with an attorney or other legal professional.
