Living Wills and Advance Directives in Ohio
How to make a valid living will (advance directive) and medical power of attorney in Ohio, with the official form.
Short answer: Ohio's living will is called a 'declaration' under the Modified Uniform Rights of the Terminally Ill Act. An adult of sound mind may sign one; Ohio Rev. Code 2133.02
| Living will / advance directive | Ohio's living will is called a 'declaration' under the Modified Uniform Rights of the Terminally Ill Act. An adult of sound mind may sign one; it must be signed at the end by the declarant (or by another at the declarant's direction), dated, and either witnessed by two adults or acknowledged before a notary. Relatives by blood, marriage or adoption, the attending physician, and the administrator of a nursing home where the declarant is receiving care cannot serve as witnesses. The declaration must use the terms 'terminal condition' and/or 'permanently unconscious state', and refusing nutrition and hydration in a permanently unconscious state requires a conspicuous statement that the declarant initials or signs. The statute does not require a single mandatory form. Source: Ohio Rev. Code 2133.02 |
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| Medical power of attorney | Ohio calls it a durable power of attorney for health care (health care power of attorney). It must be signed at the end by the principal (or by another at the principal's direction), state its date of execution, and be either witnessed by two adults or acknowledged before a notary. Relatives by blood, marriage or adoption, the named agent, the attending physician, and the administrator of a nursing home where the principal is receiving care cannot be witnesses. The statute does not require a single mandatory form. Source: Ohio Rev. Code 1337.12 |
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FAQ
How do I make a living will in Ohio?
Ohio's living will is called a 'declaration' under the Modified Uniform Rights of the Terminally Ill Act. An adult of sound mind may sign one; it must be signed at the end by the declarant (or by another at the declarant's direction), dated, and either witnessed by two adults or acknowledged before a notary. Relatives by blood, marriage or adoption, the attending physician, and the administrator of a nursing home where the declarant is receiving care cannot serve as witnesses. The declaration must use the terms 'terminal condition' and/or 'permanently unconscious state', and refusing nutrition and hydration in a permanently unconscious state requires a conspicuous statement that the declarant initials or signs. The statute does not require a single mandatory form.
How do I make a medical power of attorney in Ohio?
Ohio calls it a durable power of attorney for health care (health care power of attorney). It must be signed at the end by the principal (or by another at the principal's direction), state its date of execution, and be either witnessed by two adults or acknowledged before a notary. Relatives by blood, marriage or adoption, the named agent, the attending physician, and the administrator of a nursing home where the principal is receiving care cannot be witnesses. The statute does not require a single mandatory form.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.