10/03/2023
The following information is not legal advice and is just relative information only.
Living Will and Health Care Power of Attorney
These two important documents go hand-in-hand, and everyone should have both of them. They are essential to conveying your wishes regarding your health care, and for designating a family member or other person of your choice to make health decisions on your behalf if you become unconscious or incapacitated.
These documents are readily available from the Ohio Department of Health website, senior citizen centers, county agencies on aging, or the social services departments of most health care facilities. Ensure your documents are Ohio-compliant; store-bought documents or those on the internet may not be.
Please don’t wait until you’re already in the hospital, or very ill. If the notary cannot determine that you are aware of, and fully understand, what you are signing, the notarization cannot legally be completed. Get these documents completed BEFORE you need them, and have copies available whenever you enter a health facility. This provides you and your family the peace of mind of knowing your wishes will be followed.
General, Durable, Limited or other Financial Power of Attorney Forms
This is another very important document that permits a person/agent of your choice to handle your financial and personal affairs in your absence, or if you are unable to. These may include your bank accounts, securities, home mortgage, and other essential activities. A POA is a very powerful instrument that should be drawn up and executed with the utmost care and consideration.
While there are generic forms available at local stores and on the internet, these may not necessarily be compliant with state or county requirements. There are several types of Financial POAs, and they all have different powers and beginning/ending points. Be sure you have the proper POA that fulfills your wishes! Check with your bank or attorney on which form may be best for your situation.
Always check with your financial institution to determine what format they will accept in the handling of, and access to, your accounts; they may also have their own POA form that they prefer you use.
Again, Ohio law requires that the document signer is signing freely, without any coercion. If the notary is not satisfied that the signer is fully aware of the document content, and signing it freely, then the notarization cannot occur. If coercion or abuse is suspected, Ohio notaries are Mandated Reporters, and are required to report such actions to the Ohio Department of Job & Family Services.
Last Will & Testament
If a person dies without a Last Will, the County Probate Court will determine what happens to the assets they spent a lifetime building, and it may not be in the way they would have wanted.
In Ohio, the testator signature on wills are NOT notarized. The signature is only witnessed (by two completely disinterested persons) rather than notarized, although the witness signatures may be notarized if requested. It is always best that this important document be prepared to your specific wishes by an attorney - it's well worth the cost to ensure it is done properly, and to avoid potentially unpleasant surprises later.
