The mere idea that one day you won’t be able to handle the stuff you used to take for granted can be quite unsettling. We always want to be in control—and that’s completely normal.
But here’s the thing: you don’t have to leave it to chance. And there’s a tool for that called a power of attorney (POA. With this legal document, you can decide now who’ll step up for you later to handle your affairs if you cannot.
At the Law Offices of Miller & Miller, P.C., we’ve walked this road with Ohio families for years. As a father-and-son team honored with the highest AV® Rating from Martindale-Hubbell, we know how much decisions related to your potential incapacity matter. That’s why we’re here to break down Ohio’s POA laws in a way that’s real, relatable, and easy to grasp.
Thinking of setting up a power of attorney but aren’t sure how? Our team can help. Reach out to our office by calling at 313-386-1400.
What Is a Power of Attorney?
A power of attorney is a legal document—often part of an estate plan—that allows you to appoint a person (called your "agent" or "attorney-in-fact") to make decisions and take actions on your behalf. Think of it as officially appointing your personal representative.
When you create a POA, you (the "principal") are entrusting your agent with decisions such as:
- Managing your bank accounts and investments
- Paying your bills and taxes
- Buying, selling, or managing your property
- Making healthcare decisions when you cannot
- Handling other financial or legal matters
The key thing to understand is that a POA allows you to choose who will make decisions for you, rather than leaving it up to a court to appoint someone if you become incapacitated. It puts you in control of your future.
Types of Powers of Attorney Available in Ohio
Ohio gives you a few options when it comes to powers of attorney, and they’re designed to cover different parts of your life:
- Financial power of attorney: This is your go-to for money matters. A financial POA lets your agent handle things like paying bills, depositing checks, or even selling your house if needed. You can make it as broad or as narrow as you want—maybe they can only pay your utilities, or maybe they get full access to your finances. It’s up to you. In Ohio, a popular choice is the durable financial POA. “Durable” just means it keeps working even if you become incapacitated—like if you’re in a coma or dealing with dementia.
- Health care power of attorney: Then there’s the health care POA, which is all about your medical decisions. This one lets your agent talk to doctors, approve treatments, or even decide where you recover. It’s a big responsibility, and it’s why you’ll want someone who really knows your wishes. Your agent makes sure your voice is heard, even when you can’t speak. Ohio also offers something called a living will, which spells out your medical preferences in advance. Pair that with a health care POA, and you’ve got a solid plan.
Unlike some states, Ohio keeps financial and healthcare POAs as separate documents. This allows you to choose different agents for each role if you prefer.
When Does POA Take Effect & End in Ohio?
Timing is everything with a POA, and Ohio law gives you some flexibility here.
A POA can take effect in two main ways:
- Immediately: A conventional POA becomes effective as soon as you sign it. This means your agent can act on your behalf right away, even if you're still capable of making your own decisions. For this reason, it requires absolute trust in your agent.
- Upon incapacity: A "springing" POA only becomes effective if you become incapacitated. Ohio law requires that your POA document clearly define what constitutes "incapacity" (typically, this involves a doctor's certification that you can no longer make or communicate decisions).
When does it end? Power of attorney terminates under these circumstances:
- When you die (a POA does not extend beyond death)
- If you revoke it (as long as you're mentally competent)
- When the purpose of a limited POA is accomplished
- If a court invalidates it
- When your marriage ends (if your spouse is your agent)
- If your agent becomes unable or unwilling to serve (unless you've named an alternate)
Under current Ohio law, every power of attorney is automatically durable, which allows your agent to step in if you can’t make decisions, unless you specifically say it isn’t in the document.
Legal Requirements of a POA in Ohio
For your power of attorney to be legally valid in Ohio, it must meet several requirements:
- Mental capacity: You must be mentally competent when you create and sign your POA. Ohio courts call this “sound mind,” and it’s the same standard as signing a contract. Essentially, you need to understand what you’re doing and why you’re giving someone power and what they can do with it.
- Proper execution: Ohio law requires that your POA be in writing, signed by you (or directed by you and signed in your presence by someone else), signed in the presence of two witnesses OR acknowledged before a notary public (for health care POAs).
- Naming your agent: In Ohio, your POA agent must be any competent adult. This can be your family member, close friend, or anyone you trust to make sound decisions on your behalf.
Meeting these requirements ensures that your POA stands strong when you need it most. When you work with a lawyer, you don’t need to stress much about it. At the Law Offices of Miller & Miller, P.C., we take the guesswork out of it to secure your peace of mind.
The Law Offices of Miller & Miller, P.C.: Let’s Create a Legally Sound POA Together
We get it. Thinking about a POA is like admitting that life isn’t always predictable. But that’s what it is. Creating a POA that suits your needs and meets legal requirements is a fundamental part of responsible planning for every adult. And our team at the Law Offices of Miller & Miller, P.C. is here to help. If you're ready to create or update your power of attorney documents, reach out to our office for a consultation. Call at 313-386-1400 or use our contact form.