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OHIO LEGAL INFORMATION
Power of Attorney Statutes
- Notary: The signature of the principal upon a POA for the conveyance, mortgage, or lease of any interest in real property must be acknowledged by a notary; however, there is no requirement of a notary for any POA where the agent is not to take actions on behalf of the principal regarding interests in real property. The standard MedLawPlus.com® POA form does have a signature block for the notary attestation and it is the recommended practice for an POA intended as "durable" to be notarized.
- Witnesses: There is no requirement of a witness to the signature of principal in addition to the notary.
- Signature of Agent: No requirement that the agent sign the POA; however, the standard MedLawPlus.com® POA form does have a signature block for the agent. It is a recommended practice to have the agent (also called "attorney-in-fact") sign the POA.
- Recording of powers of attorney. "A power of attorney for the conveyance, mortgage, or lease of an interest in real property must be recorded in the office of the county recorder of the county in which such property is situated, previous to the recording of a deed, mortgage, or lease by virtue of such power of attorney." Ohio Revised Statutes, Section 1337.04.
- Ohio Statutes dealing with Powers of Attorney (see Chapter 1337).
Selected Ohio Statutes
- 1337.09 Durable power of attorney.
(A) Whenever a principal designates another as attorney in fact by a power of attorney in writing and the writing contains the words "This power of attorney shall not be affected by disability of the principal," "this power of attorney shall not be affected by disability of the principal or lapse of time," or words of similar import, the authority of the attorney in fact is exercisable by the attorney in fact as provided in the written instrument notwithstanding the later disability, incapacity, or adjudged incompetency of the principal and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
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- 1337.092 Personal liability.
(A) If an attorney in fact enters into a contract in the representative capacity of the attorney in fact, if the contract is within the authority of the attorney in fact, and if the attorney in fact discloses in the contract that it is being entered into in the representative capacity of the attorney in fact, the attorney in fact is not personally liable on the contract, unless the contract otherwise specifies. If the words or initialism "attorney in fact," "as attorney in fact," "AIF," "power of attorney," "POA," or any other word or words or initialism indicating representative capacity as an attorney in fact are included in a contract following the name or signature of an attorney in fact, the inclusion is sufficient disclosure for purposes of this division that the contract is being entered into in the attorney in fact’s representative capacity as attorney in fact.
(B) An attorney in fact is not personally liable for a debt of the attorney in fact's principal, unless one or more of the following applies:
- The attorney in fact agrees to be personally responsible for the debt.
- The debt was incurred for the support of the principal, and the attorney in fact is liable for that debt because of another legal relationship that gives rise to or results in a duty of support relative to the principal.
- The negligence of the attorney in fact gave rise to or resulted in the debt.
- An act of the attorney in fact that was beyond the attorney in fact’s authority gave rise to or resulted in the debt.
- An agreement to assist in the recovery of funds under section 169.13 of the Revised Code was the subject of the power of attorney that gave rise to or resulted in the debt.
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