Ohio Durable Power of Attorney Form

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The Ohio Durable Power of Attorney Form is designed for a Principal who wants to ensure that their Agent will retain their powers, even after the Principal has been incapacitated. What exactly constitutes incapacitation can vary, but in general it means the Principal is incapable of making their own decisions, either literally (such as being in a coma or unable to communicate) or figuratively (such as being diagnosed with extreme dementia).

Under Ohio state law, all Power of Attorney agreements are durable, unless the agreement states otherwise. In addition, if the Principal and Agent are spouses, and get a divorce, in Ohio their Power of Attorney agreement is automatically terminated. While this can be a good thing (as most Principal’s would want to void the agreement in that case) it will mean if the Principal wants their former spouse to retain their powers, they will need to draft and sign a new agreement.