Join us for a FREE upcoming in-person or online event!

Elder Law & Estate Planning | St. Clairsville, OH | Call 740-653-3450

Have questions or want to schedule an appointment? Call (740) 660-6069

What Is A Power of Attorney?

While the future may be unpredictable, you can still make provisions for any eventuality with powers of attorney. By doing so, you authorize a representative to oversee your personal health and financial affairs, ensuring that your matters are in order if you ever find yourself incapacitated.

With a power of attorney, your appointed agent will have the authority to handle your healthcare needs and manage your finances and business dealings.

When Should I Contact a Powers of Attorney Lawyer?

It’s advisable to act promptly when creating powers of attorney. Contact our Lancaster powers of attorney lawyer today to initiate your preparations.

General and Healthcare Powers of Attorney

Types of Powers of Attorney

A comprehensive estate plan for many living in Lancaster typically includes the adoption of general and healthcare powers of attorney. According to Ohio legislation, such powers are deemed durable, meaning they persist in their validity even when mental capacity is lost.

General Powers of Attorney

In Lancaster, Ohio, the legal professional focusing on powers of attorney is indispensable in developing these documents, making certain they are compliant with Ohio’s latest legal requirements and reflect the client’s specific needs. The general power of attorney, which is also called a financial power of attorney, gives legal authority to a person designated as the attorney-in-fact or agent. The agent’s authority, as outlined in the power of attorney, often includes managing a broad array of financial and business matters. The attorney-in-fact can operate bank accounts, interact with financial sectors, complete real estate transactions, and handle almost every aspect of the principal’s financial dealings.

Healthcare Power of Attorney

A healthcare power of attorney, often known as a medical POA, is an independent legal paper that empowers the attorney-in-fact to decide on healthcare matters on the principal’s behalf.

This includes making choices about treatments, end-of-life provisions, and medical costs. However, the agent’s capacity to make these decisions is triggered only when the principal is no longer mentally fit to make competent health decisions.

Furthermore, a power of attorney can spell out terms for a replacement agent, who can step in if the initial agent is incapacitated or declines to fulfill their role. The document can be adapted with explicit instructions and caps to the agent’s sweeping authority, ensuring the protection of the principal’s welfare.

Limited Power of Attorney

If you need to transfer authority for a certain task or a particular circumstance, Ohio’s legal framework supports the establishment of a limited power of attorney. This legal form designates your preferred representative, known as an attorney-in-fact or POA agent, to act within the strict limits of the directives given in the document.

As an illustration, this document can be utilized to grant someone the ability to complete a specific property transaction on your behalf. However, the agent’s power is limited to the exact terms described in the POA document, barring them from performing any acts or making decisions that fall outside the power of attorney’s provisions.

Beyond outlining the agent’s powers and duties, the document can incorporate particular directives and clauses to maintain your best interests. Bear in mind that a limited power of attorney applies exclusively to the tasks and time frame stated, with the agent obliged to operate in your best interests within those confines.

Reasons to Include Powers of Attorney in Your Estate Plan

Powers of attorney are vital components of your estate plan. With powers of attorney, you will:
  • Avoid guardianship
  • Designate a trusted person to manage your affairs
  • Ensure the fulfillment of your financial and medical needs
  • Have a plan in place for your loved ones

Is Your Current Power of Attorney Powerful Enough? Is it even Valid?

There is a diversity of powers of attorney available. Within Lancaster, Ohio, the Statutory or State-Issued Power of Attorney form is somewhat narrow in the level of power it grants to your designated agent. If you need your agent to carry out only specific tasks or if you have reservations about the person you’re naming, this option could be well-suited for your needs.

Nevertheless, if you intend for your agent to manage a full range of actions, just as you would, then the Statutory Power of Attorney will not suffice. It’s common for individuals to seek advice on the inclusion of certain powers in this document to cater to their needs and those of their family members in case they’re unable to act.

Since Ohio’s Uniform Power of Attorney Act came into law in March 2012, a power of attorney created before this date may not hold up legally. At a minimum, it may not cater to your present needs, given the passage of time.

Consequently, consult with a Lancaster, Ohio, power of attorney lawyer to ensure your power of attorney meets legal standards and fits your future aspirations. If your current one is outdated, your POA attorney can prepare a new one.

Choosing an Agent for Your Power of Attorney

When selecting a representative for your power of attorney, certain attributes shoule be considered. Choose someone who you can trust not to take advantage of the position, who grasps the duties that come with this role, and who can make significant decisions in conjunction with other stakeholders.

This individual should usually be someone near you, adept at managing fine details, navigating tense scenarios, and reliably executing tasks. It’s prudent to appoint one or two substitute agents if your initial choice is unable to carry out these responsibilities. Engage with your attorney who deals with powers of attorney to discuss your selection.

Powers of Attorney and Your Estate Plan

Under Ohio’s legal framework, your agent is not permitted to undertake any acts that could jeopardize your existing estate plan. The foremost goal of devising an estate plan is to eliminate ambiguity, prevent misunderstandings, or avoid any unforeseen events that might call into question your assets and your intentions. Ensure that everyone is on the same page by having your Lancaster powers of attorney lawyer create your estate plan. Then, the attorney can review it with your agent if you wish. Contact us today and schedule a consultation to take the first steps.
Powers of Attorney Lawyer Ohio
Southeast And Central Ohio Elder Law Attorney | 740-653-3450
Ohio Medicaid Planning Lawyer

Why Choose Jarvis Law Office?

Contact Us | Jarvis Law Office, Ohio | Call 740-653-3450

Contact Us

Contact Us Today For Case Evaluation

Contact Us

*Required Fields

By ticking the consent above and clicking “Contact Us Today”, I consent to join the email list and receive SMS from Jarvis Law Office. Message and data rates may apply. Message frequency varies. More details on this are in our Privacy Policy and Terms and Conditions. Text “HELP” for help or contact us at 740-746-1260. Text “STOP” to cancel.

Frequently Asked Questions

A Power of Attorney (POA), as defined under Ohio law, is a legal document that confers legal authority to an appointed individual, known as the agent or attorney-in-fact. This authority empowers the agent to act on behalf of the person executing the POA, commonly referred to as the principal. In the context of estate planning, a POA serves as a crucial tool that allows for the designation of a trusted individual to oversee vital matters. These matters can extend across a broad spectrum, encompassing financial and business matters, healthcare decisions, and even interactions with financial institutions. The agent’s authority, as laid out in the POA document, can range from managing bank accounts and transferring real estate to making critical healthcare decisions, such as end-of-life care and medical treatment. The scope of this authority is typically defined by the principal’s needs and the current Ohio law. An essential aspect of a POA under Ohio law is its potential durability. A durable POA, whether it be a durable financial POA or a healthcare POA, maintains its validity even if the principal becomes mentally incapacitated. This durability ensures that the agent can continue to make financial decisions or healthcare decisions on behalf of the principal without the need for court intervention. However, creating a POA requires the principal to be a mentally competent adult capable of understanding the implications of their actions. It’s important to note that under Ohio law, the POA automatically ends if the principal passes away or if a court invalidates it. In the hands of a knowledgeable Lancaster power of attorney lawyer, a POA can be drafted with specific instructions and stipulations tailored to the principal’s best interests. The attorney can ensure the POA complies with the legal requirements set forth in the Ohio revised code and can provide vital legal information to the principal.

A General Power of Attorney grants broad powers to the agent, allowing them to handle various financial and legal matters on behalf of the principal. This includes managing bank accounts, real estate transactions, and legal proceedings. Unlike limited POAs, general POAs are comprehensive and do not have specific restrictions.

While a General Power of Attorney focuses on financial and legal matters, a Healthcare Power of Attorney is specific to healthcare decisions. It grants the agent the authority to make medical decisions on behalf of the principal if they are unable to do so. This ensures that the principal’s medical preferences are honored, even if they cannot communicate them.
A Limited Power of Attorney restricts the agent’s authority to specific tasks or transactions. This could include managing a particular property, handling a business matter, selling a car, or any other limited scope defined in the document. Limited POAs are useful when the principal only wants to delegate authority for a specific purpose.

Having a Power of Attorney in place provides peace of mind and ensures that someone trusted by the principal can manage their affairs if they become incapacitated. This can help avoid the need for court-appointed guardianship, streamline decision-making, and protect the individual’s interests according to their wishes.

Consulting with an attorney, especially one specifically focused on elder law and estate planning like Jarvis Law Office, ensures that the POA is drafted correctly and complies with Lancaster, Ohio’s legal requirements. An attorney can help customize the document based on the individual’s unique circumstances, minimizing the risk of misunderstandings or legal challenges.
Yes, a well-crafted Power of Attorney can be a valuable tool in Medicaid planning and asset protection. It allows the agent to manage financial matters, making it possible to engage in strategic planning to qualify for Medicaid benefits while protecting assets. The knowledgeable Power of Attorney lawyers at Jarvis Law can assist in creating a comprehensive plan tailored to the client’s needs.

Please note that the information provided here is general in nature and should not be considered legal advice. It is recommended to consult with an attorney from Jarvis Law Office to obtain personalized advice based on your specific circumstances.

Professional Associations

Contact Us | Jarvis Law Office, Ohio | Call 740-653-3450

Recent Blog Posts