Updated August 3, 2026. Quick answer: R.C. 1337.25 requires only that the POA be signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal); acknowledgment before a notary public is not mandatory but creates a presumption that the signature is genuine, and no witnesses are required.. This state publishes a free official form, linked below. A power of attorney here is durable by default — it survives incapacity unless it says otherwise.
| Execution | R.C. 1337.25 requires only that the POA be signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal); acknowledgment before a notary public is not mandatory but creates a presumption that the signature is genuine, and no witnesses are required. |
| Statutory form | Yes — Ohio Rev. Code § 1337.60 |
| Durability | Durable by default |
| Who may not witness | none stated |
| Agent must accept in writing | No |
| Statute | Ohio Rev. Code Chapter 1337 (Ohio’s Uniform Power of Attorney Act, §§1337.21–1337.64), enacted by Am. Sub. S.B. 117 (eff. 3/22/2012) |
What decides whether the document is valid
R.C. 1337.25 requires only that the POA be signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal); acknowledgment before a notary public is not mandatory but creates a presumption that the signature is genuine, and no witnesses are required. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
The free official form
Ohio publishes a form at no cost: the official Ohio power of attorney form. For a straightforward appointment this is usually all you need, and there is no reason to pay for a copy of it.
Durability — the point most people get wrong
Here a power of attorney is durable by default: it keeps working after the principal loses capacity unless the document says it should not. That is the opposite of the historical rule and it is why old advice about needing magic words can mislead.
Why a springing power often fails when it is needed, and why durable is usually the better default.
What is and is not settled on this page. The execution requirements above were read directly from this state’s own statute and are stated as verified. Some secondary fields — whether the agent must accept in writing, and the full mechanics of a springing power — could not be pinned down in the sections reached, and are shown as not verified rather than filled in.
If a bank refuses it
Ohio addresses this by statute: UNCONFIRMED. Reviewed R.C. 1337.21–1337.42 and 1337.60–1337.61 and found no provision requiring a third party to accept an acknowledged POA within a deadline or imposing sanctions for wrongful refusal — the model UPOAA §§118–120 slots appear to be replaced by Ohio-specific sections (agent’s liability, principles of law/equity, conflict of laws) that don’t address this. This is an absence-of-evidence finding, not an explicit statutory ‘no’ — treat as unconfirmed rather than a confirmed negative.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
If the free form does not fit your situation
Use the official form above first — it is free, it is written to satisfy this state’s own statute, and for a straightforward appointment it is usually all that is needed. Software is worth paying for when the situation outgrows a fixed form: co-agents, successor agents, limits on gifting, or a bank that has already given you trouble. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.