For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact for a corporation.
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Section 2319.03 | Use of affidavit. An affidavit may be used to verify a pleading, to prove the service of the summons, notice, or other process in an action; or to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion, and in any other case permitted by law.
The proper way to sign as an agent is to first sign the principal's full legal name, then write the word "by," and then sign your name. You may also want to show that you are signing as an agent by writing after the signature: Agent, Attorney in Fact, Power of Attorney, or POA.
A power of attorney(POA) is a document giving someone permission to do something for someone else. It gives another person the legal authority to act on your behalf. You may record your power of attorney at your local county Recorder's Office, but you don't have to.
A Notary stamp or embosser is required in Ohio. Most Ohio Notaries use an inked stamp. Some Notaries use an embosser in addition to their stamps for extra fraud protection. Notaries are advised to keep their seal in a secure location when not in use.
Ohio law does not expressly prohibit a notary public from notarizing for a spouse or family member, however, Ohio Revised Code section 147.141 states a notary public may not perform a notarial act if the notary has a conflict of interest with regard to the transaction.
For a financial POA, sign your document in the presence of a notary public. For a medical POA, sign your document in the presence of a notary public or in front of two competent adult witnesses.
