Ohio Power of Attorney
Before you can prepare an Ohio power of attorney you need to know which type is going to serve your needs. Do you need a durable power of attorney or a non-durable power of attorney? Do you want to grant limited powers such as those allowed in a special power of attorney or the wide range of authority that comes from a general power of attorney? The more you learn about Ohio powers of attorney the more you can make use of these great documents.
In an Ohio power of attorney the person you grant the powers to is called the attorney-in-fact. This can be anyone you choose to trust with the given power. It is normal to have your spouse listed as the attorney-in-fact on several different powers of attorney. If this is the case, and you get a divorce, these documents are automatically void. It is better, however, to void these powers of attorney at the time of filing for divorce.
Anyone working with an Ohio estate planning attorney probably already has a few powers of attorney in their filing cabinet. You may have an Ohio durable medical power of attorney and a Ohio durable financial power of attorney. It is also likely to have a non-durable general power of attorney on file also. The general power of attorney, with your spouse as the attorney-in-fact, can come in handy in any number of ways.
Your durable powers of attorney are in your estate plan as a way of making sure all of your needs are taken care of if you ever become mentally incompetent. Durable powers of attorney remain effective after you have become mentally incompetent. Non-durable powers of attorney are automatically void at that time. A springing durable power of attorney only becomes effective if you become incapacitated, otherwise it stays invalid.
Non-durable, or normal, powers of attorney have many different uses. The general power of attorney is a nice addition to an estate plan, but it can also be useful if you are traveling out of the country and want someone at home with the power to handle emergencies. It is the special power of attorney documents that probably get the most use. They grant very limited powers such as allowing another individual to sell a vehicle for you, or sign a real estate deed for you. An Ohio power of attorney for minor children can be used when leaving your children in the care of another person. This would give them the power to authorize medical attention in an emergency.
Ohio power of attorney forms can be found at Legal Zoom and are easy to fill out. Once they are notarized you have granted a power to another individual.
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