(A) Except as provided in division (B) of this section and subject to sections 3109.56 and 3109.58 of the Revised Code, a parent, guardian, or custodian may create a power of attorney under section 3109.52 of 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 sections 3109.56 and 3109.58 of the Revised Code, a parent may execute a power of attorney if the other parent of the child is deceased.
Effective Date: 07-20-2004