When following A Step-by-Step Guide to power of attorney for gay couples, it is crucial to understand and incorporate the essential components that make a power of attorney effective, enforceable, and tailored to the unique needs of gay couples. Each element should be carefully considered and drafted to ensure clarity, legal compliance, and protection of the principal’s wishes.
1. Appointment of Agent
The appointment of an agent (also known as an attorney-in-fact) is the cornerstone of any power of attorney. The principal must clearly identify the individual(s) who will act on their behalf.
For gay couples, it is especially important to use explicit language that reflects the relationship and the trust placed in the agent. The statutory form under Ohio law requires the principal to name the agent and provide their address and contact information.
Couples may also choose to:
- Appoint co-agents (who act together)
Name successor agents (in case the primary agent is unavailable)
2. Scope of Authority
Defining the scope of authority is critical. The principal must specify which powers are granted to the agent. These may include:
- Real property
- Financial accounts
- Digital assets
- Personal and family maintenance
- Business matters
Ohio’s statutory form allows principals to initial each subject they wish to include or to grant broad authority over all listed categories.
For gay couples, being explicit about the agent’s powers is vital—especially in situations where others may challenge the authority due to the nature of the relationship.
Special Instructions
Couples should consider including special instructions to clarify or limit the agent’s authority. For example, you may choose to restrict your agent from:
- Making gifts
- Changing beneficiary designations
- Creating trusts
Unless these powers are expressly granted and initialed in the document, they are not assumed. This specificity helps prevent misunderstandings and ensures the agent acts within your intentions.
3. Limitations and Safeguards
A well-drafted power of attorney should include limitations and safeguards to protect the principal. For example, unless the agent is an ancestor, spouse, or descendant, they may not use the principal’s property for their own benefit unless expressly authorized.
Gay couples should pay particular attention to this provision. You may wish to grant powers that aren't automatically presumed by statute, reducing the risk of legal challenges.
4. Duration and Effective Date
The power of attorney should clearly state when it goes into effect and when it ends. Most statutory forms, including Ohio’s, provide that the POA becomes effective immediately, unless otherwise specified.
Couples may choose a “springing” power of attorney, which becomes effective only upon a specific event, such as the principal’s incapacity.
Be aware: even though a durable power of attorney remains valid unless revoked, some private institutions may refuse to honor older POAs. There is no legal basis for this refusal, but it happens. For this reason, it’s wise to re-execute your documents periodically to ensure they are accepted when needed.
5. Revocation Clauses
A Step-by-Step Guide to power of attorney for gay couples must include clear revocation language. The principal has the right to revoke the POA at any time. Statutory forms typically require:
- A written notice of revocation
- Delivery of the notice to the agent and any relevant third parties
Including this clause ensures that the principal maintains control and can update the document as needed.
6. Nomination of Guardian (Optional)
Many statutory forms allow the principal to nominate a guardian for their estate or person if a court determines guardianship is necessary. For gay couples, this is a powerful safeguard.
Without a nomination, guardianship decisions may default to biological family members, even if they don’t respect the couple’s relationship.
This section is especially important for individuals at risk of mental incapacity due to Alzheimer’s, dementia, or serious illness. It allows your partner or trusted person—not a court-appointed relative—to step in.
7. Reliance and Good Faith Provisions
To help enforce your power of attorney, include a clause that allows third parties to rely on the document unless they know it has been revoked or is invalid.
This protects the agent and gives institutions like:
- Banks
- Hospitals
- Government offices
...the confidence to act on the agent’s authority without hesitation.
8. Signature and Acknowledgment
Proper execution is essential. The principal must:
- Sign and date the document
Have the signature acknowledged before a notary public OR two witnesses
Notarization is strongly recommended in all cases.
Ohio, like most jurisdictions, requires notarization for the power of attorney to be legally valid under Ohio Rev. Code Ann. § 1337.60. In some situations (such as medical authority), witnesses may also be required, depending on your state’s laws.
Sample Notary Block:
State of [STATE]
County of [COUNTY]
This document was acknowledged before me on [DATE], by [PRINCIPAL NAME].
___________________________
Signature of Notary
My commission expires: [DATE]
9. Filing Procedures
In most cases, powers of attorney do not need to be filed with a court or government office. However, there are exceptions—such as:
- Real estate transactions, which may require recording at the county recorder’s office
- Certain statutory forms with filing requirements
If your POA needs to be used with any official agency or real estate matter, filing the document ensures it will be honored without delay.
10. Revocation Procedures
The principal can revoke a POA at any time, provided they are still legally competent. To revoke:
- Create a written, signed, and dated revocation
- Notify the agent and all third parties (banks, healthcare providers, etc.)
- If the original POA was filed, you may also need to file the revocation
Sample Revocation Clause:
“I hereby revoke the power of attorney executed on [DATE], appointing [AGENT NAME] as my agent. Notice of this revocation has been provided to all relevant parties.”
11. Termination Events
A power of attorney typically terminates upon:
- The principal’s death
- A written revocation
- The occurrence of a specified event, such as the expiration date or incapacity (if it’s not a durable POA)
Upon revocation or termination:
- Notify all relevant parties
- Provide copies of the revocation
- Update your records to prevent unauthorized use
Protect Your Wishes and Your Relationship
In summary, A Step-by-Step Guide to power of attorney for gay couples provides a clear and practical roadmap to help you protect your rights, your relationship, and your future. By:
- Understanding the legal framework
Carefully planning ahead - Clearly defining authority
- Executing the document properly
...you create a legal tool that reflects your values and gives your chosen family the power to support you when it matters most.
Don’t wait for a crisis. Contact us at ALH Law Group, an LGBTQ+-affirming attorney, to create a personalized power of attorney that protects what matters most—your wishes, your partner, and your peace of mind.
