Formulario de poder legal
The state of Ohio has chosen to adopt the Uniform Power of Attorney Act (UPOAA) which has also been adopted in many other states. The law is found in Section 1337 of the Ohio Revised Code.
The law in Ohio provides that a POA is “durable” unless the document states otherwise. This means the power of attorney is effective even if there comes a time when the person who created it becomes incapacitated. If the principal does not want this, then he or she would say so in the original POA document.
The power of attorney (POA) law allows the principal to determine if the agent has certain powers. Granting a POA does not authorize these actions automatically. The agent must specifically be granted these rights and often they are not part of the POA designation.
It is the duty of the agent (person holding the POA) to always act in good faith and carry out the principal’s reasonable expectations if they are known to the agent. Otherwise, the agent must act in the best interests of the principal within the scope of authority that he or she has been granted.
An agent must act with loyalty; avoid creating a conflict of interest situation that impairs the agent’s impartiality; exercise the care, competence and diligence normally required of one with POA; keep records of all financial transactions and cooperate with the person(s) who has the authority to make health care decisions for the principal.