Ohio
Ohio Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
Ohio adopted the Uniform Power of Attorney Act (UPOAA) as Ohio Rev. Code sections 1337.21 through 1337.64. Under that framework, a financial power of attorney is durable by default: it remains valid even if the principal later loses capacity, unless the document expressly provides otherwise. Execution requires a principal signature, and notarization makes that signature presumptively genuine. Medical decisions are handled under a separate, older statute: the durable power of attorney for health care, RC 1337.11-1337.17, which has its own execution and witness requirements.
What a Power of Attorney Does in Ohio
A power of attorney is a written document in which a principal grants an agent authority to act on the principal's behalf in legal, financial, or personal matters. The scope of that authority depends entirely on what the document specifies: it can be broad, covering virtually all financial and legal affairs, or narrow, authorizing only a single transaction.
Ohio recognizes general POAs, limited POAs, and durable POAs under the UPOAA (RC 1337.21-1337.64). The Act took effect March 22, 2012, but it is not limited to documents signed after that date. Under RC 1337.64, sections 1337.21 to 1337.64 apply to a power of attorney created before, on, or after the effective date, so an older Ohio POA is generally read under the same framework.
Two limits apply. The Act does not affect an act done before March 22, 2012, and a court may decline to apply it to a judicial proceeding begun before that date if doing so would substantially interfere with the proceeding or prejudice a party's rights. Separately, RC 1337.59 provides that a POA executed on or after March 29, 2006 and before the Act's effective date that used the former statutory form, or incorporated powers from former RC 1337.20, has those granted powers construed under that former section.
An agent under an Ohio POA is a fiduciary. The agent must act in the principal's best interest and in accordance with the principal's known wishes. That relationship is not optional: once a person accepts an agent role, the duties attach.
A POA ends automatically when the principal dies. From that point, the personal representative of the estate controls the principal's property. Ohio law adds one qualification that matters in practice: under RC 1337.30(D), termination is not effective as to an agent who, without actual knowledge of the death, acts in good faith under the power of attorney, and that act binds the principal and the principal's successors in interest. Once the agent knows the principal has died, the authority is gone.
Durable Power of Attorney in Ohio (Durable by Default Under the UPOAA)
Ohio's most significant rule for financial POAs is that durability is the default. Under RC 1337.24, a power of attorney created under sections 1337.21 to 1337.64 is durable unless it expressly provides that it is terminated by the incapacity of the principal.
That default matters enormously in practice. In states without a durability default, a POA automatically lapses when the principal becomes incapacitated, which is precisely when the agent's help is most needed. Ohio's rule reverses that: the POA survives incapacity unless the principal opts out.
Ohio also recognizes springing POAs. Under RC 1337.29, a power of attorney may be made effective at a future date or upon the occurrence of a future event or contingency. If a POA is made contingent on a finding of incapacity, the principal may specify who makes that determination. This is the opposite of Florida's approach, which bars springing POAs.
If the principal later regains capacity, a previously incapacitated principal who drafted a springing POA conditioned on incapacity may revoke it once competent. The document can address that scenario explicitly.
How to Create a Valid Ohio Power of Attorney
RC 1337.25 governs execution of a financial power of attorney in Ohio. The requirements are straightforward:
Signature. The POA must be signed by the principal, or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the document.
Notarization (recommended, not strictly required for validity, but creates presumption). A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. Notarization is the practical standard because third parties such as banks and financial institutions routinely require it before honoring a POA.
Witnesses. RC 1337.25 does not require witnesses for a financial power of attorney. For that simpler financial document, an online generator can draft an Ohio power of attorney for the principal to sign and have notarized. This contrasts with Ohio's health care POA, discussed below, which does require either notarization or two adult witnesses.
Statutory form. Ohio provides an optional statutory form at RC 1337.60. Using the statutory form is not required, but documents that substantially conform to it are valid. The form contains a plain-English explanation of each power being granted, which can help both principals and agents understand the scope of authority.
Out-of-state POAs are governed by RC 1337.26(C). A power of attorney executed outside Ohio is valid here if, when it was executed, the execution complied with the law of the jurisdiction that determines the document's meaning and effect under RC 1337.27, or with the requirements for a military power of attorney under 10 U.S.C. 1044b.
That governing jurisdiction is not automatically the state where the document was signed. Under RC 1337.27, meaning and effect are determined by the law of the jurisdiction the document indicates, and only if the document indicates none does the law of the place of execution control. A POA drafted in another state but designating Ohio law is therefore measured against Ohio's execution rules.
What an Ohio Agent Can and Cannot Do
Agent Duties
Under RC 1337.34, an agent who has accepted appointment owes two different sets of duties, and the distinction matters when you are drafting or reading a document. Division (A) applies notwithstanding any provision in the power of attorney. Division (B) opens with "except as otherwise provided in the power of attorney," so the document can alter or waive those duties.
Mandatory duties under RC 1337.34(A), which the document cannot waive:
- Act in accordance with the principal's reasonable expectations to the extent actually known, and otherwise in the principal's best interest.
- Act in good faith.
- Act only within the scope of authority granted in the power of attorney.
- Attempt to preserve the principal's estate plan to the extent actually known, if preservation is consistent with the principal's best interest.
Default duties under RC 1337.34(B), which apply unless the power of attorney provides otherwise:
- Act loyally for the principal's benefit.
- Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest.
- Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances.
- Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.
- Cooperate with the person who has authority to make health care decisions for the principal, to carry out the principal's reasonable expectations to the extent actually known and otherwise act in the principal's best interest.
Record-keeping is the duty agents most often overlook. It sits in division (B), so a carefully drafted POA can relax it, but a document that says nothing leaves the agent responsible for a full transaction record.
An agent is not required to disclose receipts, disbursements, or transactions unless ordered by a court or requested by the principal, a guardian, a conservator, or other authorized persons. If a proper request is made, the agent must comply within thirty days or provide a written explanation of why additional time is needed and then comply within an additional thirty days.
Hot Powers Requiring an Express Specific Grant
Certain high-stakes actions may not be taken by an agent unless the power of attorney expressly authorizes each one. Under RC 1337.42, these powers requiring a specific grant include:
- Create, amend, revoke, or terminate an inter vivos trust (to the extent permitted under Ohio trust law, RC Title LVIII).
- Make a gift (subject to the limits in RC 1337.58, which ties gifting authority to the annual federal gift tax exclusion unless the POA states otherwise).
- Create or change rights of survivorship in property.
- Create or change a beneficiary designation.
- Delegate authority granted under the power of attorney.
- Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan.
- Exercise fiduciary powers the principal has authority to delegate.
An agent who is not an ancestor, spouse, or descendant of the principal faces an additional restriction: absent express authorization, that agent may not create in themselves (or in someone to whom the agent owes a support obligation) any interest in the principal's property, whether by gift, survivorship right, beneficiary designation, or disclaimer.
These limitations protect principals from overreaching. An agent who exercises a hot power without specific written authorization may face personal liability. If you want your agent to be able to make gifts, change beneficiaries, or create or amend a trust, get a free case evaluation from an Ohio estate planning lawyer on writing each of those powers in expressly (attorney advertising).
What the Agent Cannot Do
Regardless of what the POA says, an agent may not make medical or health care decisions under a financial POA: that authority requires a separate health care POA under RC 1337.11-1337.17. An agent also cannot continue to act once the agent knows the principal has died, cannot make or change a will on the principal's behalf, and cannot act in ways that benefit the agent at the principal's expense unless the document expressly permits it.
Health Care Power of Attorney in Ohio
Ohio separates financial and medical decision-making into two entirely different statutes. A financial POA under RC 1337.21-1337.64 does not authorize an agent to make health care decisions.
Medical decision-making authority is granted through the durable power of attorney for health care, governed by RC 1337.11 through 1337.17. The appointed individual is called the attorney in fact (not agent).
Execution Requirements for the Health Care POA
RC 1337.12 sets out strict execution requirements. A durable power of attorney for health care must:
- Be signed at the end of the instrument by the principal, stating the date of execution.
- Be either (A) acknowledged before a notary public, who must also certify that the principal appears to be of sound mind and not under duress, fraud, or undue influence, OR (B) signed by at least two adult witnesses who were present when the principal signed.
Witness disqualifications. The following persons may not serve as witnesses: anyone related to the principal by blood, marriage, or adoption; the attorney in fact designated in the document; the principal's attending physician; the administrator of any nursing home where the principal is receiving care.
When the Health Care POA Takes Effect
Under RC 1337.13, the attorney in fact under a health care POA may make health care decisions for the principal only if the attending physician determines that the principal has lost the capacity to make informed health care decisions. At that point, the attorney in fact holds authority to the same extent the principal would have if still competent.
Under RC 1337.14, the principal may revoke the designation of the attorney in fact at any time and in any manner. Revocation takes effect when the principal expresses the intent to revoke, with one exception: if the attending physician was made aware of the health care POA, revocation is effective once it is communicated to that physician by the principal, by a witness to the revocation, or by health care personnel to whom the principal communicated it. The physician must then make that fact part of the principal's medical record.
RC 1337.14 also settles two follow-on questions. Unless the document says otherwise, a later valid health care POA revokes an earlier one. And a declaration for mental health treatment under RC Chapter 2135 does not revoke a health care POA, but it does supersede it as to mental health treatment.
A related section is easy to confuse with this one: RC 1337.17 does not state the revocation rule. It governs printed health care POA forms sold or distributed in Ohio for use by adults who are not advised by an attorney, and prescribes the notice text those forms must carry.
If a principal wants both financial and medical authority covered, two separate documents are required: a durable financial POA under RC 1337.21-1337.64 for property and financial affairs, and a durable health care POA under RC 1337.11-1337.17 for medical decisions.
Preparing Your Ohio POA Documents
Ohio's optional statutory form at RC 1337.60 and the free generator linked above both give you a financial POA without paying for software. PDFelement is optional paid software for filling in, editing or converting those documents as PDFs, including adding fillable fields. An e-signature in PDFelement does not replace acknowledging the financial POA before a notary, and it does not replace the notary or two adult witnesses Ohio requires for a health care POA.
See PDFelement FeaturesAffiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more
Revoking or Ending an Ohio Power of Attorney
A competent principal may revoke a financial POA at any time. Ohio law does not require a specific form for revocation. The principal may revoke in writing, by oral communication to the agent, or by executing a new POA that expressly revokes prior ones.
For a POA that was recorded (for example, one used to convey real property), the revocation must also be recorded in the same county recorder's office where the original POA was recorded, under RC 1337.05.
Under RC 1337.30, a power of attorney terminates automatically when:
- The principal dies.
- The principal becomes incapacitated, if the power of attorney is not durable.
- The principal revokes the POA.
- The POA provides that it terminates on a specific date or occurrence and that event happens.
- The purpose of the POA is accomplished.
- The agent's authority terminates and no successor agent is named.
An agent's authority terminates separately when: the principal revokes the agent's authority; the agent dies, becomes incapacitated, or resigns; or, if the agent was the principal's spouse, an action for divorce, dissolution, annulment, or legal separation is filed (unless the POA provides otherwise).
Termination of an agent's authority or of the power of attorney is not effective as to the agent, or as to another person, that acts in good faith under the POA without actual knowledge of the termination, and such an act binds the principal and the principal's successors in interest. RC 1337.30(D) names the agent first, so this protection is not limited to the banks, title companies, and other third parties that honor a POA without knowing it has been revoked.
For a broader overview of how powers of attorney work across all states, see our national Power of Attorney guide.
This page provides general legal information about Ohio power of attorney laws and is not legal advice. Ohio estate planning involves individual circumstances that an Ohio-licensed attorney can assess. Consult a qualified Ohio attorney before executing or relying on any power of attorney document.
Last reviewed: May 2026. Governing statutes: Ohio Rev. Code sections 1337.21-1337.64 (Uniform Power of Attorney Act) and RC 1337.11-1337.17 (durable power of attorney for health care).
More Ohio Laws
Frequently Asked Questions
Is an Ohio power of attorney durable by default?
Yes. Under RC 1337.24, a financial power of attorney created under Ohio's Uniform Power of Attorney Act (RC 1337.21-1337.64) is durable unless the document expressly states it is terminated by the principal's incapacity. No special durability language is required to make a POA durable in Ohio: silence on the issue defaults to durable.
Does an Ohio power of attorney need to be notarized?
Notarization is not a strict validity requirement for a financial POA under RC 1337.25, but it is the practical standard. A signature acknowledged before a notary public is presumed genuine, and most banks and financial institutions require notarization before honoring a POA. For a health care POA under RC 1337.12, the principal must obtain either notarization by a qualified notary or signatures from two adult witnesses.
What is the difference between a financial POA and a health care POA in Ohio?
They are governed by entirely separate Ohio statutes. The financial POA falls under RC 1337.21-1337.64 (the UPOAA) and covers property, banking, and legal transactions. The health care POA falls under RC 1337.11-1337.17 and authorizes an attorney in fact to make medical decisions when the principal cannot. A single document cannot serve both purposes under Ohio law.
What powers require a specific grant in an Ohio POA?
Under RC 1337.42, an agent may not create or amend a trust, make gifts, create or change survivorship rights, change beneficiary designations, delegate authority granted under the power of attorney, waive survivor annuity rights, or exercise fiduciary powers the principal has authority to delegate unless the power of attorney specifically and expressly grants each of those powers. A general grant of authority is not sufficient for these hot powers.
Can an Ohio power of attorney be a springing POA?
Yes. RC 1337.29 permits a power of attorney to be made effective upon a future date or contingency, such as a physician's determination of incapacity. The principal may specify in the document who is authorized to determine whether the triggering condition has occurred. This differs from states such as Florida that prohibit springing POAs.
How do you revoke a power of attorney in Ohio?
A competent principal may revoke a financial POA at any time by notifying the agent in writing or by any other communication expressing the intent to revoke. If the POA was recorded with a county recorder (such as for real property), the revocation must also be recorded in the same office. Executing a new POA does not automatically cancel earlier ones unless the new document expressly revokes them.
Who can witness a health care power of attorney in Ohio?
Under RC 1337.12, the witnesses to a health care POA must be adults who were present when the principal signed. Persons who cannot serve as witnesses include anyone related to the principal by blood, marriage, or adoption; the named attorney in fact; the principal's attending physician; and the administrator of any nursing home where the principal resides.
Updates
Corrected the statutes cited for out-of-state powers of attorney (RC 1337.26(C), not 1337.27) and for revoking a health care power of attorney (RC 1337.14, not 1337.17), clarified that Ohio's Uniform Power of Attorney Act applies to documents created before as well as after March 22, 2012, separated the agent duties that a power of attorney can waive from those it cannot, and noted the good-faith protection that covers an agent who acts without knowing the principal has died.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Ohio Revised Code
§ 1337.24Power of attorney is durableIn force
A power of attorney created under sections 1337.21 to 1337.64 of the Revised Code is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- In re Guardianship of Rosenberger (Ohio Court of Appeals 2018, 108 N.E.3d 114)“…ey after Doudican’s appointment as guardian in accord with R.C. 1337.24. {¶24} Northwest Trustee’s sta…”
- In re Rosenberger (Ohio Court of Appeals 2018, 2018 Ohio 2076)“…ey after Doudican’s appointment as guardian in accord with R.C. 1337.24 (“[a] power of attorney * * * is durabl…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.25Execution of power of attorneyIn force
A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Scott v. Kindred Transitional Care & Rehab. (Ohio Court of Appeals 2016, 2016 Ohio 495)“…d 161, 164, 542 N.E.2d 654 (6th Dist.1988). As required by R.C. 1337.25, a power of attorney must be signed by…”
- Templeman v. Kindred Healthcare, Inc. (Ohio Court of Appeals 2013, 2013 Ohio 3738)“…n the same manner as deeds and mortgages * * * .”); R.C. 1337.25 (“A power of attorney must be signed by…”
- Murray v. Auto Owners Ins. (Ohio Court of Appeals 2024, 2024 Ohio 656)“…representative. Thus, they were not properly verified. See R.C. 1337.25 (a power of attorney must be signed by…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.42Authority that requires specific grant; grant of general authorityIn force
(A) An agent under a power of attorney may do any of the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and if exercise of the authority is not otherwise prohibited by another agreement or instrument to…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hillier v. Fifth Third Bank (Ohio Court of Appeals 2020, 154 N.E.3d 1266)“…32} This authority, however, is qualified by R.C. 1337.42. which states, in pertinent part, that…”
- State v. Collins (Ohio Court of Appeals 2024, 257 N.E.3d 341)“…s to all subjects and matters described in R.C. 1337.45-57. R.C. 1337.42(C). {¶17} Such a grant of broad…”
- In re Estate of Alibrando v. Minor (Ohio Court of Appeals 2026, 2026 Ohio 133)“…es pursuant to R.C. 1337.34(A)(1), R.C. 1337.34(A)(3), and R.C. 1337.42(B) when she sold Guito’s home and plac…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.30Termination of power of attorney or agent's authorityIn force
(A) A power of attorney terminates when any of the following occurs: (1) The principal dies; (2) The principal becomes incapacitated, if the power of attorney is not durable; (3) The principal revokes the power of attorney; (4) The power of attorney provides that it terminates; (5) The purpose of…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Disciplinary Counsel v. Harmon (Slip Opinion) (Ohio Supreme Court 2019, 2019 Ohio 4171)“…presentation, or payment of his reasonable fees. See, e.g., R.C. 1337.30(B)(1) (providing that an agent’s author…”
- Buckner v. Hasan (Ohio Court of Appeals 2026, 2026 Ohio 2314)“…that authority terminated upon the decedent’s death. See R.C. 1337.30(A)(1). “It is well- settled that an ag…”
- In re Estate of Alibrando v. Minor (Ohio Court of Appeals 2026, 2026 Ohio 133)“…cause the power of attorney terminated upon Guito’s death. R.C. 1337.30(A)(1) states, “a power of attorney term…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.34Agent's dutiesIn force
(A) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall do all of the following: (1) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (2) Act in…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Guthrie v. Guthrie (Ohio Court of Appeals 2024, 259 N.E.3d 722)“…withdrawals and transactions completed on the account. See R.C. 1337.34(B)(4) (an individual that has accepted…”
- State v. Collins (Ohio Court of Appeals 2024, 257 N.E.3d 341)“…the scope of authority granted in the power of attorney.” R.C. 1337.34(A)(3). When that instrument gives the a…”
- Concord Village Skilled Nursing & Rehab., Ltd. v. Lundquist (Ohio Court of Appeals 2025, 2025 Ohio 5097)“…r of Attorney Act R.C. 1337, in particular R.C. 1337.34. Dkt#159, Jdmt. Entry, p. 5.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.12Formality of executionIn force
(A)(1) An adult who is of sound mind voluntarily may create a valid durable power of attorney for health care by executing a durable power of attorney, in accordance with section 1337.24 of the Revised Code, that authorizes an attorney in fact as described in division (A)(2) of this section to make…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Ludlow v. Ohio Dept. of Health (Ohio Supreme Court 2024, 176 Ohio St. 3d 26)“…n through a durable power of attorney for health care under R.C. 1337.12, ceases. R.C. 1337.12. “Protected healt…”
- In re Guardianship of Stein (Ohio Supreme Court 2004, 105 Ohio St. 3d 30)“…ney for health care. Each expressly applies only to adults. R.C. 1337.12(A)(1); 2133.08(A)(1). Both involve end-…”
- Primmer v. Healthcare Industries Corp. (Ohio Court of Appeals 2015, 2015 Ohio 4104)“…a valid durable power of attorney for health care * * *.” R.C. 1337.12(A)(1). Athens App. No. 14CA29…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.13Authority of attorney in fact under a durable power of attorney for health careIn force
(A)(1) An attorney in fact under a durable power of attorney for health care shall make health care decisions for the principal only if the instrument substantially complies with section 1337.12 of the Revised Code and specifically authorizes the attorney in fact to make health care decisions for…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- McFarren v. Emeritus at Canton (Ohio Court of Appeals 2013, 2013 Ohio 3900)“…forth in the health care power of attorney instrument and R.C. 1337.13(A)(1) were not met. Appellees argue ap…”
- Couture v. Couture (Ohio Court of Appeals 1989, 48 Ohio App. 3d 208)“…fact of the power to refuse or withdraw'health care. R.C. 1337.13 provides in pertinent part: “(A)…”
- Primmer v. Healthcare Industries Corp. (Ohio Court of Appeals 2015, 2015 Ohio 4104)“…to make informed health care decisions for the principal.” R.C. 1337.13(A)(1). “An adult who is of sound mind…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.11Durable power of attorney for health care definitionsIn force
As used in sections 1337.11 to 1337.17 of the Revised Code: (A) "Adult" means a person who is eighteen years of age or older.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Primmer v. Healthcare Industries Corp. (Ohio Court of Appeals 2015, 2015 Ohio 4104)“…durable powers of attorney for health care are governed by R.C. 1337.11 to 1337.17. 2 Carlin, Baldwin’s Ohio Pr…”
- Campbell v. Dept. of Job & Family Servs. (Ohio Court of Appeals 2020, 2020 Ohio 298)“…n Ohio, a power of attorney for health care is governed by R.C. 1337.11 to 1337.17. “Health care decision” is s…”
- Masters v. Masters (Ohio Court of Appeals 2010, 191 Ohio App. 3d 308)“…ows that the parties did not intend such a result. {¶ 18} R.C. 1337.11, which deals with powers of attorney fo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.17Printed form - durable power of attorney for health careIn force
A printed form of durable power of attorney for health care may be sold or otherwise distributed in this state for use by adults who are not advised by an attorney.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
§ 1337.58GiftsIn force
(A) As used in this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under section 529 of the Internal Revenue Code of 1986, 26 U.S.C. 529.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Collins (Ohio Court of Appeals 2024, 257 N.E.3d 341)“…include the authority to make gifts, which is described in R.C. 1337.58. The authority to “make a gift” is one…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.05Revocation of power of attorney must be recordedIn force
No instrument containing a power of attorney for the conveyance, mortgage, or lease of an interest in real property, which has been recorded, will be revoked by any act of the person by whom it was executed, unless the instrument containing such revocation is also recorded in the same office in…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2008
Opinions citing this section in our collection:
- In Re Guardianhip of Florkey, 07ca22 (9-22-2008) (Ohio Court of Appeals 2008, 2008 Ohio 4994)“…ment and Opinion. Harsha, J.: Not Participating. 1 R.C. 1337.05 provides that "[n]o instrument contain…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.36Judicial reliefIn force
(A) Any of the following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief: (1) The principal or the agent; (2) A guardian, conservator, or other fiduciary acting for the principal, including an executor or administrator of the…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Cartwright v. Batner (Ohio Court of Appeals 2014, 2014 Ohio 2995)“…with respect to his actions as a POA. As an initial point, R.C. 1337.36(A) provides, in pertinent part, that:…”
- Fetters v. Duff (Ohio Court of Appeals 2018, 107 N.E.3d 627)“…ant-appellee, Cathy Duff (“Duff”), for an accounting under R.C. 1337.36. For the reasons that follow, we affirm…”
- Wisner v. Wisner (Ohio Court of Appeals 2016, 2016 Ohio 5095)“…15- Case No. 5-15-31 {¶23} R.C. 1337.36(A) provides that any of the following p…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.21Short titleIn force
Sections 1337.21 to 1337.64 of the Revised Code may be cited as the uniform power of attorney act.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Tedeschi v. Atrium Ctrs., L.L.C. (Ohio Court of Appeals 2012, 2012 Ohio 2929)“…io has since adopted the Uniform Power of Attorney Act. See R.C. 1337.21 to 1337.64. 1 Ess…”
- Cartwright v. Batner (Ohio Court of Appeals 2014, 2014 Ohio 2995)“…of the adoption of the Uniform Power of Attorney Act. See R.C. 1337.21 and Sub. S.B. 117, 2011 Ohio Laws File…”
- State v. Collins (Ohio Court of Appeals 2024, 257 N.E.3d 341)“…n governed by the Uniform Power of Attorney Act (“UPOAA”), R.C. 1337.21-64, as supplemented by those traditiona…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.14RevocationIn force
(A) A principal who creates a valid durable power of attorney for health care may revoke that instrument or the designation of the attorney in fact under it. The principal may so revoke at any time and in any manner.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
§ 1337.26Validity of power of attorneyIn force
(A) A power of attorney executed in this state on or after the effective date of this section is valid if its execution complies with section 1337.25 of the Revised Code.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Thomas Calvey v. Stifel, Nicolaus & Co. Inc. (Court of Appeals for the Sixth Circuit 2021)“…cution complies with section 1337.25 of the Revised Code.” Ohio Rev. Code Ann. § 1337.26(A) (West 2019). In other words, POAs i…”
- Calvey v. Stifel, Nicolaus & Company, Incorporated (District Court, N.D. Ohio 2020)“…cution complies with Section 1337.25 of the Revised Code. Ohio Rev. Code § 1337.26(A). Section 1337.25 provides as follow…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.27Meaning and effect of power of attorneyIn force
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
§ 1337.29When power of attorney effectiveIn force
(A) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Tedeschi v. Atrium Ctrs., L.L.C. (Ohio Court of Appeals 2012, 2012 Ohio 2929)“…uch that it only comes into being upon certain conditions. R.C. 1337.29(A). Ohio’s former statutory health car…”
- Li v. Revere Local Schools Board of Education (District Court, N.D. Ohio 2022)“…e September 2021 POA cannot operate retroactively. Under O.R.C. § 1337.29(A), “[a] power of attorney is effectiv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.59Construction under former lawIn force
In a power of attorney executed on or after March 29, 2006, and before the effective date of this section that either uses the statutory power of attorney form contained in former section 1337.18 of the Revised Code or that incorporates by reference any one or more of the powers contained in former…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
§ 1337.60Statutory form power of attorneyIn force
A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by sections 1337.21 to 1337.64 of the Revised Code.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Collins (Ohio Court of Appeals 2024, 257 N.E.3d 341)“…s power of attorney was taken from the statutory form in R.C. 1337.60. Neither the statutory form nor the par…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1337.64Effect on existing powers of attorneyIn force
(A) Except as otherwise provided in sections 1337.21 to 1337.64 of the Revised Code, on the effective date of this section, those sections apply to all of the following: (1) A power of attorney created before, on, or after the effective date of this section; (2) A judicial proceeding concerning a…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- Cartwright v. Batner (Ohio Court of Appeals 2014, 2014 Ohio 2995)“…337.21 and Sub. S.B. 117, 2011 Ohio Laws File 65. However, R.C. 1337.64, also adopted as part of that act, prov…”
- Wisner v. Wisner (Ohio Court of Appeals 2016, 2016 Ohio 5095)“…commenced on or after the effective date of this section.” R.C. 1337.64. {¶25} Appellant concedes that…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 10
§ 1044bMilitary powers of attorney: requirement for recognition by StatesIn forcecited in 4 of our articles
A military power of attorney— is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned. For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law. Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a). Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph. In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- Bartholomew v. Blevins (Court of Appeals for the Sixth Circuit 2012, 679 F.3d 497)“…unty’s rejection of the military power of attorney violated 10 U.S.C. § 1044b. That statute sets the minimal requireme…”
- Lennie W. Dingler v. Martha Patricia Ferguson (Court of Appeals of Mississippi 2015, 193 So. 3d 644)“…s a power of attorney executed according to state law.7 See 10 U.S.C. § 1044b (2012).8 ¶41. The standard of revi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Power of Attorney Laws: Durable, Medical, and Financial POA (2026), West Virginia Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- RC 1337.21 - Uniform Power of Attorney Act (short title)(codes.ohio.gov)
- RC 1337.24 - Durable power of attorney (durable by default)(codes.ohio.gov)
- RC 1337.25 - Execution of power of attorney(codes.ohio.gov)
- RC 1337.30 - Termination of power of attorney(codes.ohio.gov)
- RC 1337.34 - Agent duties(codes.ohio.gov)
- RC 1337.36 - Judicial relief; persons who may petition(codes.ohio.gov)
- RC 1337.42 - Authority requiring specific grant (hot powers)(codes.ohio.gov)
- RC 1337.58 - Limitation on gift authority(codes.ohio.gov)
- RC 1337.11 - Health care POA definitions(codes.ohio.gov)
- RC 1337.12 - Durable power of attorney for health care; execution(codes.ohio.gov)
- RC 1337.13 - Health care decisions by attorney in fact(codes.ohio.gov)
- RC 1337.17 - Effect of health care POA(codes.ohio.gov)
- RC 1337.05 - Revocation of recorded power of attorney must be recorded(codes.ohio.gov)
- RC 1337.26 - Validity of power of attorney; execution outside Ohio (division (C))(codes.ohio.gov)
- RC 1337.27 - Meaning and effect of power of attorney (governing jurisdiction)(codes.ohio.gov)
- RC 1337.64 - Application to existing powers of attorney (before, on, or after March 22, 2012)(codes.ohio.gov)
- RC 1337.59 - Construction under former law(codes.ohio.gov)
- RC 1337.14 - Revocation of durable power of attorney for health care(codes.ohio.gov)
- RC 1337.29 - Power of attorney effective on future date or contingency (springing POA)(codes.ohio.gov)
- RC 1337.60 - Statutory form power of attorney(codes.ohio.gov)
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