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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 from 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.
Begin the Conversation
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 encourage the use of advance care directives, was created in 2009 by Wilmington, North Carolina-based Lower Cape Fear Hospice. To help everyone prepare for the unexpected, the goal is to encourage everyone to complete advance care directives with a focus on the value of conversations in advance care planning.
Cincinnati Bar Association Lawyer Referral Service
Cincinnati OH 45202
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 community service projects, the CBA continues its commitment to the legal profession of Cincinnati, and most importantly, to the residents of the Greater Cincinnati community.
Leading Age Ohio
Columbus OH 43220
Description:
LeadingAge Ohio is a nonprofit organization that represents approximately 400 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, reflecting the role of the association and its members in providing quality housing and health care services for Ohio’s older and disabled population.
Pro Seniors
Cincinnati OH 45237
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 legal and long-term care help to older adults. Pro Seniors offers Ohio residents age 60 and older the advice and information they need to solve their legal and nursing home, adult care facility, and home health care problems.
The Pro Seniors Mission
Pro Seniors is dedicated to helping older adults maintain their independence by empowering them, by protecting their interests, and by helping them access resources.
What Pro Seniors Offers
Pro Seniors Legal Hotline serves the State of Ohio. By calling the Pro Seniors Legal Hotline, Ohio residents age 60 or older can receive free assistance over the telephone with a variety of legal or long-term care problems. In Greater Cincinnati, the number to call is (513) 345-4160. In other parts of Ohio, call (800) 488-6070. Find more information on the Legal Hotline by selecting the Legal Hotline link.
Legal Help
If you have a legal problem that cannot be resolved over the telephone, the Legal Hotline may refer you to a Pro Seniors staff attorney if you live in Butler, Clermont, Clinton, Hamilton or Warren County. Pro Seniors' staff attorneys handle problems that many private attorneys do not, such as Medicare, Medicaid, Social Security, other government benefits and pensions. The Legal Hotline may also refer you to a private attorney who has agreed to accept cases at a reduced fee for clients with limited income.
Legal Information Pamphlets
Pro Seniors provides pamphlets on a variety of subjects, from Medicare and Medicaid to consumer fraud and food stamps. You can find a complete list by selecting the Pamphlets link.
Long-term Care Ombudsmen
If you have a complaint about a nursing home, Pro Seniors can help. The long-term care ombudsmen will investigate and work with you to resolve your concerns about nursing facilities in Butler, Clermont, Clinton, Hamilton, and Warren counties. Pro Seniors ombudsmen also handle complaints about home care and adult care facilities. You can find more information about the Ombudsman program by selecting the Ombudsman link. The Ombudsman can also help you choose the right care facility to meet your needs.
Volunteer Opportunities
If you are interested in assisting older people and have a few free hours each week, Pro Seniors offers a variety of volunteer opportunities. For more information about our volunteer Ombudsman Program, select the Ombudsman link. If you are concerned about fraud and waste in the health care system, select the Ohio Seniors Fight Fraud link to learn more about volunteering for this project. If you are an attorney, you can assist callers to the Legal Hotline or conduct legal research. Paralegals can provide valuable support to our legal staff. Volunteers also are needed to assist staff with mailings and other office projects.