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Power of Attorney and Durable Power of Attorney

Power of Attorney and Durable Power of Attorney

Power of Attorney is a contract between two individuals where one party (the principal) gives to the other (the agent) the authority to make any number of decisions (e.g. medical, placement, financial) on his or her behalf. The person granting the power of attorney must be mentally competent to enter into the contract.

If the contract is made "durable," the power of attorney remains in effect if the principal becomes mentally incapacitated.

A durable power of attorney is especially useful to save you, your family, and loved ones from court proceedings to appoint a guardian or committee for you if you become incapacitated. As a practical matter, most attorneys recommend the use of a durable power of attorney more than a power of attorney because the durable power of attorney is long-lasting.

Both the power of attorney and durable power of attorney are created using specific language, and the advice of an attorney should be sought in preparing them. Care should be taken to ensure you make these documents as specific as possible in order to protect your rights and property. You should be sure that the person granted your power of attorney is an individual whom you completely trust to use the power as you would direct if you were capable of doing so.

Financial Power of Attorney

A financial power of attorney (FPOA) is a written document by which a competent adult, known as the principal, appoints and authorizes another competent adult, known as the attorney-in-fact (A-I-F), to act on the principal’s behalf. Financial powers of attorney usually cover financial, business, personal and real estate matters.  

  • Click here for a fact sheet about FPOA from Pro Seniors.  
  • Click here for options to create a FPOA (Pro Seniors). 
  • Click here for a fact sheet about FPOA from the Ohio State Bar Assocation

Durable Power of Attorney for Health Care

A Durable Power of Attorney for Health Care is a legal document which authorizes another person to make health care decisions for you if you lose the capacity to make informed health care decisions for yourself.

A Durable Power of Attorney for Health Care:

  • Names an individual you trust to make a wide variety of health care decisions for you at anytime you cannot do so for yourself — whether or not your condition is terminal.
  • Becomes effective only when you are temporarily or permanently unable to make your own decisions regarding treatment.
  • Requires the person you appoint to make decisions that are consistent with your wishes.
  • Will not overrule a Living Will in the event you have both documents.

Click here for a fact sheet about health care power of attorney from ProSeniors.  Get a Health Care POA Form from Pro Seniors.

Click here for a fact sheet about Living Wills and Health Care Powers of Attorney from the Ohio State Bar Association.

To view additional forms from Pro Seniors, please click here

 

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Begin the Conversation


 
http://www.begintheconversation.org

Phone: (877) 473-4103
Phone Extension: N/A
Area(s) Served: Contracted Provider: Not Applicable
Description:   This website provides tools and resources to help individuals and families plan for (and talk about) end of life care.  State-specific resources and forms are available. Begin the Conversation, an advance care planning program created to enco... read more
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Cincinnati Bar Association Lawyer Referral Service

225 East Sixth Street
Cincinnati , OH  45202
http://www.cincybar.org
info@cincybar.org
Phone: 513-381-8213
Phone Extension: N/A
Area(s) Served: Butler County,
Warren County,
Clermont County,
Clinton County,
Hamilton County
Contracted Provider: Not Applicable
Description:   The Cincinnati Bar Association (CBA) has addressed and served the needs of the Cincinnati community. The CBA stands firm in its belief that the law is for the people. By providing legal education, various legal programs, referral services, and many c... read more
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Leading Age Ohio

2233 North Bank Drive
Columbus , OH  43220
http://www.leadingageohio.org/
info@leadingageohio.org
Phone: (614) 444-2882
Phone Extension:
Area(s) Served: Statewide Contracted Provider: Not Applicable
Description:   LeadingAge Ohio is a nonprofit organization that represents approximately 500 long-term care organizations and hospices, as well as those providing ancillary health care and housing services, in more than 150 Ohio towns and cities. LeadingAge Ohio... read more
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Pro Seniors

7162 Reading Road
Cincinnati , OH  45237
http://www.proseniors.org
Info@proseniors.org
Phone: 513-345-4160
Phone Extension:
Area(s) Served: Butler County,
Warren County,
Clermont County,
Statewide,
Clinton County,
Hamilton County
Contracted Provider: Title III Services
Description:   Pro Seniors is a contracted provider of Council on Aging offering the following services:  legal assistance ombudsman services More about Pro Seniors Founded in 1975, Pro Seniors is a non-profit organization that provides free le... read more

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