Power of attorney in Ohio: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Ohio, from Ohio law.

Checked against official sources: October 31, 2026.

Short answer

Uniform Power of Attorney Act

Official form: Statutory Form Power of Attorney
How to sign: Signed by you; the law requires no notary or witnesses
Durable unless it says otherwise?: Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act: Yes

Words used in Ohio

In Ohio you name an agent for money and property in a power of attorney, and an attorney in fact for medical decisions in a separate durable power of attorney for health care. Your end-of-life treatment wishes go in a living will (declaration). If an adult cannot manage and has no documents, the probate court can appoint a guardian.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Power of attorney; statutory form power of attorney
The person you choose: Agent (older Ohio sections and many forms say 'attorney in fact')
Health care: Durable power of attorney for health care
Treatment wishes: Declaration governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment (commonly called a living will)
Court-appointed decision-maker: Guardian of the person, guardian of the estate, or guardian of both (limited, interim, emergency and standby guardians); a 'conservator' is chosen by a competent but physically infirm adult

Law and official form

Law: Uniform Power of Attorney Act
Uniform Power of Attorney Act: Yes (effective March 22, 2012)
Official form: Statutory Form Power of Attorney (R.C. 1337.60)Published by Ohio Legislative Service Commission; Ohio Legal Help also offers a free Financial Power of Attorney form at https://www.ohiolegalhelp.org/topic/financial-poa
You do not have to use it.
You may use a document 'substantially in the following form'; you do not have to. The statutory form ends with a notary acknowledgment block and an 'Important Information for Agent' page. Its eight 'actions requiring express authority' (create a trust; amend, revoke or terminate a trust; make a gift; create or change survivorship rights; create or change a beneficiary designation; delegate authority; waive a joint and survivor annuity right; exercise delegable fiduciary powers) are granted only if expressly authorized and initialed in the Special Instructions. It does not cover health care decisions.

Law: Ohio Rev. Code § 1337.21 (S.B. 117, 129th General Assembly); Ohio Rev. Code § 1337.60

Signing rules

How to sign

The law only requires your signature. If you acknowledge your signature before a notary public, the signature is presumed genuine, which is why the statutory form includes a notary block. A power of attorney used to sign deeds, mortgages, land contracts or leases must be acknowledged and recorded (see real estate).

Who signs

Signed by you (the principal), or by another person you direct to sign your name in your conscious presence.

Notary

Not required

Witnesses

None required

Agent's acknowledgment

No signed acceptance is required. An agent accepts by acting as agent or by other conduct showing acceptance, unless the power of attorney says otherwise.

Law: R.C. 1337.33

Electronic signing

'Sign' in the Act includes an electronic symbol or process, and a power of attorney can be a writing or other record.

Law: R.C. 1337.22(G), (L)

Law: Ohio Rev. Code §§ 1337.25, 1337.04

Durable and springing

Is it durable?

A power of attorney is durable (keeps working if you lose capacity) unless it expressly says it ends when you become incapacitated.

Law: R.C. 1337.24

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

A power of attorney works as soon as it is signed unless it says it starts on a later date or event. You can name one or more people to decide in writing that the event happened. If it starts on your incapacity and you named no one (or they will not decide), a physician who examined you or a licensed psychologist who evaluated you can determine incapacity in writing; if you are missing, detained or outside the U.S. and unable to return, an attorney, judge or appropriate government official can.

Law: R.C. 1337.29

What an agent can and cannot do

Needs express permission

Create, amend, revoke or terminate a trust during your life (for a revocable trust you created, the trust document must also allow the agent to do this)
Make a gift
Create or change rights of survivorship
Create or change a beneficiary designation
Delegate authority under the power of attorney
Waive your right to be a beneficiary of a joint and survivor annuity, including a retirement plan survivor benefit
Exercise fiduciary powers you have authority to delegate

No power of attorney can

Unless the power of attorney says otherwise, an agent who is not your ancestor, spouse or descendant cannot use even express powers to give themselves (or someone they must support) an interest in your property, by gift, survivorship, beneficiary designation or otherwise. The Act does not cover health care decisions.

Law: R.C. 1337.42(B); R.C. 1337.23

Law: Ohio Rev. Code § 1337.42(A)

Agent duties, pay and court review

Agent duties

Act in line with your reasonable expectations as far as the agent knows them, otherwise in your best interest
Act in good faith
Act only within the authority given
Try to keep your estate plan in place when that is in your best interest
Act loyally for your benefit and avoid conflicts of interest
Act with care, competence and diligence
Keep records of all receipts, payments and transactions
Cooperate with your health care decision-maker
When asked by you, a guardian, another fiduciary or a protective agency, disclose receipts and transactions within 30 days (or explain why more time is needed, up to 30 more days)

Agent pay

Unless the power of attorney says otherwise, the agent is entitled to repayment of reasonable expenses and to reasonable compensation.

Law: R.C. 1337.32

Asking a court to review an agent

You, the agent, a guardian or other fiduciary, your health care decision-maker, your spouse, parent or descendant, a presumptive heir, a beneficiary, a protective government agency, your caregiver, or a person asked to accept the power of attorney can ask a court to interpret it or review the agent's conduct. If you have capacity, the court must dismiss the petition at your request.

Law: R.C. 1337.36

Law: Ohio Rev. Code § 1337.34

When it ends and how to revoke it

How to revoke a power of attorney in Ohio

Official forms in Ohio

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

Statutory Form Power of Attorney (R.C. 1337.60) · Published by Ohio Legislative Service Commission; Ohio Legal Help also offers a free Financial Power of Attorney form at https://www.ohiolegalhelp.org/topic/financial-poa

Living will

Declaration governing life-sustaining treatment (living will)

Guardianship / conservatorship

Good to know in Ohio

Ohio adopted the Uniform Power of Attorney Act in 2012 but left out the sections that make banks accept a power of attorney; an optional agent's certification form exists.
Law: R.C. 1337.61
If you have both a living will and a health care power of attorney, the living will wins where they conflict.
Law: R.C. 2133.03(B)
Since October 24, 2024 a power of attorney used for real estate but recorded late can be placed of record with a supporting affidavit.
Law: R.C. 1337.04, S.B. 94 of the 135th General Assembly
Ohio's family-consent rule covers only life-sustaining treatment decisions, not everyday medical decisions.
Law: R.C. 2133.08

Changes in 2024–2026

S.B. 94 (135th General Assembly) amended R.C. 1337.04 on recording powers of attorney for real estate, effective October 24, 2024. S.B. 35 (136th General Assembly, supported decision-making for adults with developmental disabilities) passed the Senate on October 15, 2025 and was referred to a House committee on October 22, 2025; it is not law.

Free help in Ohio

Report abuse or exploitation

Ohio Adult Protective Services (Ohio Department of Job and Family Services, county agencies) · 1-855-644-6277

Questions about powers of attorney in Ohio

What is a power of attorney called in Ohio?

Power of attorney; statutory form power of attorney. In Ohio you name an agent for money and property in a power of attorney, and an attorney in fact for medical decisions in a separate durable power of attorney for health care. Your end-of-life treatment wishes go in a living will (declaration). If an adult cannot manage and has no documents, the probate court can appoint a guardian.

Does a power of attorney have to be notarized in Ohio?

Is there an official power of attorney form in Ohio?

Statutory Form Power of Attorney. You do not have to use it.