Updated on October 25th, 2021
An Ohio durable power of attorney grants legal rights to an agent through which they can control another’s finances. Assigning authority in such a manner ensures that one’s financial transactions are managed while away for extended periods and even during medical emergencies where the principal (the person granting power) is incapacitated; unlike a general power of attorney, a “durable” power of attorney document will not be affected by incapacitation. To put the form into effect, the principal must appear before a notary public and acknowledge the validity of their signature.
Agent’s Duties – § 1337.34
Signing Requirements (§ 1337.25) – Notary Public
Statutory Form – § 1337.60
Statute – § 1337.22(B)
“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.