Durable Power of Attorney Form for Ohio

OHIO STATUTORY FORM DURABLE POWER OF ATTORNEY

DOCUMENT CONTROL SUMMARY

• Document Title: Durable Power of Attorney (Statutory)
• Document ID: OH-DPOA-2024-SEC-09
• Effective Date: [Effective Date]
• Version: 2024.1
• Governing Jurisdiction: State of Ohio
• Statutory Authority: Ohio Revised Code (ORC) Chapter 1337 (Uniform Power of Attorney Act)

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STATUTORY & LEGAL COMPLIANCE NOTICE

IMPORTANT NOTICE TO THE PRINCIPAL: This document is a significant legal instrument. It grants another person (your Agent) broad authority to manage your property and financial affairs. This power of attorney does NOT authorize the agent to make health-care decisions for you. This power of attorney is "durable," meaning it remains in effect if you become incapacitated. You may revoke this power of attorney at any time while you are competent.

NOTICE TO THE AGENT: By accepting this appointment, you assume a fiduciary duty. You must act in good faith, within the scope of authority granted, and in the Principal's best interest. You must keep the Principal's property separate from your own and maintain accurate records of all transactions.

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1. PARTIES & RECITALS

1.1 IDENTIFICATION OF PRINCIPAL I, [Principal Full Legal Name], currently residing at [Principal Physical Address], County of [County Name], State of Ohio (the "Principal"), being of sound mind and acting of my own free will, hereby appoint the following individual as my Agent (Attorney-in-Fact).

1.2 IDENTIFICATION OF AGENT I designate [Agent Full Legal Name], of [Agent Physical Address], as my Agent to act for me and in my name in any way I could act in person.

1.3 DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) If the Agent designated above is unable or unwilling to act, or continues to be unable to act, I designate the following person as my Successor Agent:

• Successor Agent: [Successor Agent Full Legal Name]
• Address: [Successor Agent Physical Address]

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2. EXHAUSTIVE OPERATIVE CLAUSES & LEGAL TERMS

2.1 SCOPE OF AGENCY AND ENGAGEMENT

The Principal hereby grants to the Agent full power and authority to exercise or perform any act, power, duty, right, or obligation whatsoever that the Principal now has, or may hereafter acquire the legal right, power, or capacity to exercise or perform, in connection with, arising out of, or relating to any person, item, thing, transaction, business property, real or personal, tangible or intangible, or matter whatsoever. This grant of authority shall be interpreted as broadly as possible under the Ohio Uniform Power of Attorney Act.

2.2 COMPENSATION AND REIMBURSEMENT OF EXPENSES

The Agent shall be entitled to reasonable compensation for services rendered on behalf of the Principal. The Agent shall be entitled to reimbursement for all reasonable, documented out-of-pocket expenses incurred in the exercise of the powers granted herein. "Reasonable compensation" shall be determined by the prevailing market rates for professional fiduciary services within the State of Ohio, unless otherwise agreed upon in a separate writing.

2.3 TERM AND TERMINATION

This Power of Attorney is effective immediately upon execution and shall remain in full force and effect until the death of the Principal, or until revoked by the Principal in writing, provided the Principal is of sound mind at the time of revocation. This power is "Durable" and shall not be affected by the subsequent disability, incapacity, or adjudged incompetency of the Principal.

2.4 INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

The Agent is authorized to manage, protect, license, or transfer any intellectual property rights owned by the Principal, including but not limited to patents, trademarks, copyrights, and trade secrets. This includes the authority to execute "Work Made for Hire" agreements, assignment of rights, and the maintenance of all digital assets and online accounts in compliance with the Ohio Fiduciary Access to Digital Assets Act.

2.5 MUTUAL CONFIDENTIALITY AND NON-DISCLOSURE

The Agent shall maintain strict confidentiality regarding the Principal’s financial affairs, medical information, and personal business. The Agent shall not disclose any "Confidential Information" to third parties unless such disclosure is necessary to carry out the duties of the Agent, is required by law, or is authorized by the Principal.

2.6 SPECIFIC GRANT OF GENERAL AUTHORITY

The Principal grants the Agent authority to act for the Principal with respect to the following subjects as defined in the Ohio Uniform Power of Attorney Act (ORC 1337.42 to 1337.55):

1. Real Property: To buy, sell, lease, mortgage, or manage any interest in real estate.
2. Tangible Personal Property: To buy, sell, or manage vehicles, furniture, and other goods.
3. Stocks and Bonds: To buy, sell, and manage stocks, bonds, and mutual funds.
4. Commodities and Options: To trade in commodities and financial options.
5. Banks and Financial Institutions: To open, close, and manage accounts and safe deposit boxes.
6. Operation of Entity or Business: To manage any business interest or legal entity.
7. Insurance and Annuities: To purchase, terminate, or change beneficiaries on policies.
8. Estates, Trusts, and Other Beneficial Interests: To act for the Principal in probate and trust matters.
9. Claims and Litigation: To institute, settle, or defend legal proceedings.
10. Personal and Family Maintenance: To provide for the standard of living of the Principal and dependents.
11. Benefits from Governmental Programs: To apply for and receive Social Security, Medicare, or Medicaid.
12. Retirement Plans: To manage IRAs, 401(k)s, and other retirement accounts.
13. Taxes: To prepare, sign, and file all tax returns and represent the Principal before the IRS.

2.7 LIMITATION OF LIABILITY AND INDEMNIFICATION

The Agent shall not be liable to the Principal or any successor in interest for any error of judgment or mistake of law or fact, provided the Agent acted in good faith. The Principal hereby agrees to indemnify and hold the Agent harmless from any and all liability, loss, or damage, including reasonable attorney fees, arising from the Agent’s exercise of the powers granted herein, except in cases of willful misconduct or gross negligence.

2.8 DISPUTE RESOLUTION AND ARBITRATION

Any dispute, claim, or controversy arising out of or relating to this Power of Attorney or the breach, termination, enforcement, interpretation, or validity thereof shall be determined by mandatory, binding arbitration in the County of the Principal’s residence, State of Ohio, before one arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Consumer Arbitration Rules.

2.9 GOVERNING LAW AND JURISDICTION

This document shall be governed by, construed, and enforced in accordance with the laws of the State of Ohio, without regard to conflict of law principles. All parties consent to the exclusive jurisdiction of the Probate Court in the county where the Principal resides.

2.10 MISCELLANEOUS PROVISIONS

• Severability: If any provision of this document is held invalid, the remainder shall continue in full force.
• Counterparts: This document may be executed in counterparts, each of which shall be deemed an original.
• Entire Agreement: This document constitutes the entire agreement regarding the Agent's authority and supersedes all prior powers of attorney.

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3. EXECUTION & FORMAL SIGNATURE BLOCKS

IN WITNESS WHEREOF, the Principal has executed this Durable Power of Attorney on the date first written above.

FOR THE PRINCIPAL: Signature: _____________________________________ Printed Name: [Principal Full Legal Name] Address: [Principal Physical Address] Date: [Date]

WITNESS ATTESTATION The foregoing instrument was signed by the Principal in our presence and declared by the Principal to be their Durable Power of Attorney. We, at the Principal's request and in their presence, sign our names as witnesses.

Witness 1 Signature: _____________________________________ Printed Name: _____________________________________ Address: _____________________________________

Witness 2 Signature: _____________________________________ Printed Name: _____________________________________ Address: _____________________________________

NOTARY ACKNOWLEDGMENT State of Ohio County of _________________________

This document was acknowledged before me this ____ day of ___________, 20, by [Principal Full Legal Name].

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Signature of Notary Public My Commission Expires: _________________ (Seal)

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4. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Preparation of Document: Open this document in a word processor (Microsoft Word/Google Docs). Use the "Find and Replace" function to locate all bracketed terms (e.g., [Principal Full Legal Name]) and replace them with the actual legal names and addresses.
2. Verification of Capacity: Ensure the Principal is of sound mind and not under duress. Under Ohio law, the Principal must understand the nature and effect of the document.
3. Witnessing Requirements: While Ohio law emphasizes the Notary for financial POAs, having two disinterested witnesses (persons who are not the Agent or related to the Principal/Agent) is a best practice for "institutional-grade" enforceability.
4. Notarization: The Principal must sign the document in the physical presence of a commissioned Notary Public in the State of Ohio. The Notary must apply their official seal.
5. Agent Acceptance: While not strictly required by Ohio statute for the document's validity, it is recommended that the Agent sign a "Formal Acceptance of Appointment" to acknowledge their fiduciary duties.
6. Digital Execution (If Applicable): If using DocuSign or Adobe Sign, ensure the platform is compliant with the Ohio Uniform Electronic Transactions Act (UETA). Note: For recording real estate transactions, most Ohio County Recorders still require original "wet-ink" notarized signatures.
7. Recording and Retention:
   • Financial Institutions: Provide a certified copy to all banks and brokerage firms where the Principal holds accounts.
   • County Recorder: If the Agent is intended to handle real estate transactions, the DPOA MUST be recorded in the Office of the County Recorder in the county where the property is located (ORC 1337.04).
   • Safekeeping: Keep the original in a fireproof safe or with legal counsel. Provide copies to the Agent and Successor Agent.