I have searched many Ohio websites for a basic power of attorney form that my clients can fill out so that the one spouse can sign the closing paperwork for both. Many states have them on their websites, but I can't find one for Ohio. Has any one or their client used one for Ohio?

I'm not sure of the law in Ohio, but in some states giving prospects a power of attorney form may be considered the unlawful practice of law. I've seen transactions fall through because of the improper completion of a power of attorney form. Safest practice is to have the parties consult a local real estate attorney.

http://www.realtown.com/words/power-of-attorney

I wasn't going to give my clients the form, just the websites for them to look up the info. Giving clients websites to look up information is not practicing law. Since most of my cleints are relocation, most of them find the free forms on their state websites. I have a client that couldn't find an Ohio website with the forms on it. I was just asking if anyone from Ohio has come across free forms. My client can buy a form at an office supply store if it comes down to that.

You are right, giving them a link in and of itself is not the practice of law.

100% right in Missouri, John. I agree that this would be a form in our state that would not be appropriate for a real estate licensee to complete and that it goes well beyond "filling in the blanks of standard forms prepared or approved by counsel in a transaction in which the real estate licensee is a broker." That's the standard the Missouri Supreme Court set out in the 1950's and that stands today. Our state bar has been very active in policing Realtor forms and let us know immediately when they consider a form not within the purview of a real estate licensee under the standard I quote above.

Natalie - I hadn't seen your reply when I sent mine through - I'd be careful about making any type of representation to the client that the website and/or form you send them to will do what they want. For these types of forms that can have very specialized purposes with very serious consequences, I'd always send them to a lawyer.

Good discussion by 2 true gurus! POAs are a hot button for me as a broker defense lawyer.

Between spouses, POAs have their place. But never allow yourself to be talked into becoming an attorney-in-fact for your client. I've seen a number of these cases where the agent signed documents under a POA for the "convenience" of a client only to be sued later if the client doesn't like something about the deal. I've even seen title companies make errors in preparing POAs.

A CAUTIONARY TALE:

I'm dealing with a case where the title co. sent a buyer a POA authorizing the agent to "sell or convey" a certain property, not buy it! Now that the market has dropped and the property isn't worth what the investor owes on it, he's stumbled upon that error and sued everyone in sight. The title company is bankrupt, so guess who's getting the brunt of the assault? The good-hearted agent who was "just trying to help!" And his broker of course!