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Does an Ohio Power of Attorney Expire?

Does an Ohio Power of Attorney Expire?
May 9, 2018 LS_admin
Ohio Inter Vivos Trusts Attorney

When you create a power of attorney agreement in Ohio, will it someday expire? The short answer is no, but there are some situations in which it can. Most of the time, the duration of your power of attorney document is up completely to you.

Powers of attorney in Ohio are often indefinite agreements, but some can be limited in both scope and time. The most common situations in which powers of attorney will expire are:

  1. If your power of attorney is limited.If you created a power of attorney for one specific purpose, your agent’s authority to act on your behalf ends when the purpose is complete. For instance, if you created a power of attorney specifically for pursuing a lawsuit, the document will essentially expire at the end of the litigation. After litigation is complete, your agent (or attorney in fact) will no longer have authority to act on your behalf pursuant to the document.
  2. If you build in a timeframe for the power of attorney. Just as you can limit the purpose of a power of attorney, you can limit the timeframe. Within your power of attorney document, you can include a clause that directs the power of attorney to end on a specific day. After that day, your agent will no longer be able to act on your behalf.
  3. If the subject condition changes.If your power of attorney is for medical purposes, it will take effect when you are unable to make decisions for yourself. If your medical condition then improves and you can again make medical decisions for yourself, the power of attorney will no longer be in effect. In this situation, the document doesn’t so much expire, as it moves in and out of effect.
  4. If you revoke your power of attorney.You can choose to revoke your power of attorney any time you wish (provided you are of sound mind). If you revoke the agreement in writing, the power of attorney is no longer effective, and your former agent will not be able to make any additional decisions for you absent a new agreement.
  5. If you die or your agent dies.If you die or your agent dies, your power of attorney automatically expires. As soon as your agent receives word of your passing or vice versa, the agreement is no longer effective.

For the most part, powers of attorney continue on unless the documents contain specific limitations. Ohio law is rather flexible on your ability to change your agreement., but creating the right agreement for you will ensure you do not have to worry about making changes or revocations at a later time.

Contact Dawes Legal, LLC, today for more information about Ohio powers of attorney or to begin drafting your own power of attorney agreement. You can reach our Columbus office by calling (614) 733-9999.