Legal Question in Elder Law in Ohio

What is the validity of do it yourself forms according to the Ohio Law? Does notarization of the document make it legal to stand up in court? My mother lives in Ohio and I live in Ct. A situation has come to my attention and we a document filed asap as she has terminal cancer

Thank you for any help you can give to us.

Thomas and Nancy Jordan

Asked on 10/20/09, 10:04 pm

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

I am not sure what type of documents you are talking about, but Ohio does not have a requirement that wills be drafted by any attorney. Although it is advisable to have a will drafted by a attorney who can make sure that it is valid and accomplishes a persons goals. Many times people discover after it is too late that that will is not either valid or does not do what was intended.

To be valid in Ohio wills need to be witnessed by two persons that are not related to the person making the will. A notary alone is not sufficient for a will.

I would also suggest you consider a financial power of attorney and a health care power of attorney and if your mother wishes a living will. Ohio has standard forms for living wills and health care powers of attorney.

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Answered on 10/20/09, 10:17 pm

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