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Ohio Estate Planning Law: Power of Attorney

Introduction

A power of attorney(POA) is a document giving someone permission to do something for someone else. It gives another person the legal authority to act on your behalf. 

You may record your power of attorney at your local county Recorder's Office, but you don't have to.

To understand a power of attorney, it is necessary to know a few terms:

"Agent" is the person who is given authority by a power of attorney.

"Attorney-at-law" is a person who is licensed to practice law before state or federal courts. This term has no relationship to a power of attorney.

"Attorney-in-fact" is the person who is given authority by a power of attorney. This is another term for "agent", and is used in many statutes. An attorney-in-fact does not have the power to represent anyone in court or to give legal advice.

"Durable Power of Attorney" is a power of attorney which continues after the principal becomes incapacitated, although not after the principal dies.

 

Books at the Franklin County Law Library

Links

Guide Author

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Susanna Marlowe
Contact:
Franklin County Law Library Reference Librarian
614-525-4971
Website

Franklin County Recorder's Office

Franklin County Recorder
373 South High Street
18th Floor
Columbus, Ohio 43215-6310

Phone (614) 525-3930

Fax (614) 525-4299

Hours M-F 8am to 3:45pm

Email is Recorder.franklincountyohio.gov

 

 

E-Recordings are accepted by our office. Documents that meet all legal and standardization requirements may be e-recorded. Deeds that transfer real property are now being accepted for e-recording by the Auditor, Engineer and Recorder (via Simplifile). Any documents that transfer real estate should still start the transfer process with the Franklin County Auditor.

The Recorder's office does not have their own e-recording platform, but there are a number of private companies that provide e-recording services that are then consolidated and sent to the Recorder. These service companies may charge additional fees.

Companies currently e-recording with Franklin County include CSC Global, ePN, Indecomm Global Services and Simplifile.

E-NOTARIZATION

The Franklin County Recorder’s Office is accepting documents completed with both electronic and online notarization as long as they meet the requirements set forth by the Ohio Legislature and the Ohio Secretary of State.