Can Power of Attorney or Guardianship Be Used After Death in Ohio?

A Simple Guide for Families (Ohio)

When a loved one passes away, families are often asked to handle paperwork quickly—bank forms, insurance claims, and sometimes the sale of a home. In the middle of grief, it’s common to hear:

“I already have Power of Attorney.”“I was the guardian.”“I’ve signed documents before—why not this one?”

This article explains, in plain language, why certain documents cannot be notarized after death, even if they were used successfully while the person was alive.

The Most Important Rule to Know

In Ohio, a Power of Attorney and guardianship authority end immediately when a person passes away.

This is not a notary rule—it is the law.

Because of this, a notary must refuse to notarize deeds or other documents that rely on a Power of Attorney or guardianship after death.

Common Power of Attorney and Guardianship Situations After Death in Ohio

1. “I’m the Power of Attorney. I’ve Used It for Insurance and Banking.”

This is one of the most common misunderstandings.

Why it feels confusing:While your loved one was alive, the Power of Attorney allowed you to handle many tasks—insurance claims, bills, or medical paperwork.

What changes after death:Once the person passes away, the Power of Attorney automatically becomes invalid. No one can continue to act under it—not even for real estate.

What the notary must do:The notary must decline to notarize documents signed under a POA after death, even if it was used successfully before.

2. “The Power of Attorney Named Me as Guardian.”

Some Powers of Attorney include language about guardianship.

Why it feels confusing:The document may say you are nominated as a guardian, which sounds like ongoing authority.

What the law says:Guardianship is a court-controlled role that only applies to a living person. Any guardianship authority ends at death, just like a Power of Attorney.

What the notary must do:A notary cannot notarize documents based on guardian authority after the person has passed away.

3. “I Was Court-Appointed Guardian. I Handled Everything.”

This situation often involves deep emotional investment.

Why it feels confusing:Being a guardian is a serious responsibility, and families assume that authority continues.

What actually happens:In Ohio, guardianship automatically ends when the person dies. At that point, all authority moves to the probate process.

What the notary must do:Even court-appointed guardians cannot sign deeds or legal documents after death.

4. “I’m the Executor. Here Are My Letters.”

This is the one situation where notarization can proceed.

Why this works:After death, authority shifts to the estate. The probate court appoints an executor (or administrator) and issues Letters of Authority.

What the notary looks for:

• Valid Letters of Authority

• Proper identification of the executor/administrator

Once verified, the notary can legally notarize the deed or related documents.

Why a Notary Saying “No” Is Actually Protecting You

Families sometimes feel frustrated or think the notary is being difficult. In reality:

• A notary is legally required to follow Ohio law

• An improper notarization can invalidate a property sale

• Mistakes can cause serious legal and financial problems later

A refusal today can prevent costly disputes tomorrow.

What to Do If You Are Told “This Can’t Be Notarized”

If a notary declines:

1. Don’t take it personally

2. Ask what authority is needed instead

3. Contact a probate attorney or the probate court

4. Obtain Letters of Authority if estate action is required

A Compassionate Reminder

Notaries often meet families at moments of grief, urgency, and stress. When a notary explains these rules, it is not to delay you—it is to protect you and honor the law.