Ohio § 3109.57 Further requirements for creating power of attorney

Ohio Statutes

§ 3109.57 — Further requirements for creating power of attorney

Ohio § 3109.57

Title 31Domestic Relations-Children

Ch. 3109Children

This text of Ohio § 3109.57 (Further requirements for creating power of attorney) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 3109.57 (2026).

Text

(A)Except as provided in division (B) of this section and subject to sections3109.56and3109.58of the Revised Code, a parent, guardian, or custodian may create a power of attorney under section3109.52of the Revised Code only under the following circumstances:

(1)The parent, guardian, or custodian of the child is any of the following:

(a)Seriously ill, incarcerated, or about to be incarcerated;

(b)Temporarily unable to provide financial support or parental guidance to the child;

(c)Temporarily unable to provide adequate care and supervision of the child because of the parent's, guardian's, or custodian's physical or mental condition;

(d)Homeless or without a residence because the current residence is destroyed or otherwise uninhabitable;

(e)In or about to enter a residential tre

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(A) Except as provided in division (B) of this section and subject to sections3109.56and3109.58of the Revised Code, a parent, guardian, or custodian may create a power of attorney under section3109.52of the Revised Code only under the following circumstances:

(1) The parent, guardian, or custodian of the child is any of the following:

(a) Seriously ill, incarcerated, or about to be incarcerated;

(b) Temporarily unable to provide financial support or parental guidance to the child;

(c) Temporarily unable to provide adequate care and supervision of the child because of the parent's, guardian's, or custodian's physical or mental condition;

(d) Homeless or without a residence because the current residence is destroyed or otherwise uninhabitable;

(e) In or about to enter a residential treatment program for substance abuse.

(2) The parent, guardian, or custodian of the child has a well-founded belief that the power of attorney is in the child's best interest.

(B) In addition to the circumstances described in division (A) of this section and subject to sections3109.56and3109.58of the Revised Code, a parent may execute a power of attorney if the other parent of the child is deceased.