How to revoke a power of attorney in Ohio

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

What Ohio law says about revoking a power of attorney

How to revoke

You can revoke a power of attorney or an agent's authority. The Uniform Power of Attorney Act does not prescribe a form or method. Signing a new power of attorney does not revoke an older one unless the new one says so.

Telling others

Tell the agent and every bank or business that has a copy. An agent or other person who acts in good faith without actual knowledge of the revocation is protected, and the act binds you.

Law: R.C. 1337.30(D)

If it was recorded

If the power of attorney was recorded for real estate (deeds, mortgages, leases), the revocation is effective only if the revocation document is also recorded in the same county recorder's office.

Law: R.C. 1337.05

Law: Ohio Rev. Code §§ 1337.30, 1337.05

Source: Official text

Free letter: revoke a power of attorney

When it ends and how to revoke it

It ends when

• You die
• You become incapacitated, if the power of attorney is not durable
• You revoke it
• It says it ends (a date or event)
• Its purpose is accomplished
• The agent dies, becomes incapacitated, resigns or has authority revoked, and no other agent is named
• For an agent married to you: an action for divorce, dissolution, annulment or legal separation is filed, unless the power of attorney says otherwise

Banks and other businesses

Ohio's version of the Act does not include the uniform sections that require a business to accept a power of attorney or that penalize refusal. An agent can give a business the optional Agent's Certification form in R.C. 1337.61, signed before a notary. A photocopy or electronically transmitted copy has the same effect as the original.

Law: R.C. 1337.26(D)

Law: Ohio Rev. Code § 1337.30

Related rules in Ohio

Banks, other states and real estate

Banks and other businesses

Ohio's version of the Act does not include the uniform sections that require a business to accept a power of attorney or that penalize refusal. An agent can give a business the optional Agent's Certification form in R.C. 1337.61, signed before a notary. A photocopy or electronically transmitted copy has the same effect as the original.

Law: R.C. 1337.26(D)

Signed in another state

A power of attorney signed outside Ohio is valid in Ohio if its signing followed the law of the state that governs it, or the federal rules for a military power of attorney.

Law: R.C. 1337.26(C)

Real estate

A power of attorney used to sign a deed, mortgage, land installment contract or lease must be signed and acknowledged (notarized) before the real estate document is signed, and recorded in the county recorder's office where the property is located before the real estate document is recorded. Since October 24, 2024 a power of attorney recorded late can be placed of record with a supporting affidavit.

Law: R.C. 1337.04, S.B. 94

Health care directive in Ohio

Revoking your agent

You can revoke the durable power of attorney for health care, or just the naming of the agent, at any time and in any manner. If your attending physician knew about it, the revocation takes effect when it is communicated to the physician by you, a witness to the revocation, or other health care staff. A new valid health care power of attorney revokes an older one unless it says otherwise.

Revoking your instructions

You can revoke a living will at any time and in any manner, with the same rule about telling your attending physician. A later living will revokes an earlier one unless it says otherwise.

Telling others

Once told, the attending physician must put the revocation in your medical record.

Conflicting documents

If you have both a living will and a durable power of attorney for health care, the living will controls where they conflict. A mental health declaration controls over a health care power of attorney for mental health treatment.

Law: R.C. 1337.12(D), 2133.03(B); R.C. 1337.14(D)

Law: Ohio Rev. Code §§ 1337.14, 2133.04

Free help in Ohio

• Ohio Legal Help (statewide legal aid website, find free legal help)
• Ohio Legal Help: Ohio advance directives
• Ohio Legal Help: Financial power of attorney
• Supreme Court of Ohio: Standard probate forms (guardianship)
• Ohio Department of Health: Do-Not-Resuscitate
• Find free legal aid at LawHelp.org

Report abuse or exploitation

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

More for Ohio

• Everything about powers of attorney in Ohio
• Power of attorney
• Health care directive
• Guardianship
• Signing checklist
• How to revoke a power of attorney
• Agent duties