Medical Power of Attorney in Ohio
How to name a health care agent in Ohio: signing and witness rules, the official form if the state has one, and how it relates to a living will.
Short answer: 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. Ohio Rev. Code 1337.12
| 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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| Health care directive | Health care power of attorney: must be signed at the end by the principal, state its date, and be either witnessed by two adults or acknowledged before a notary. Relatives, the named agent, the attending physician, and the administrator of a nursing home caring for the principal cannot be witnesses. Living will (declaration): an adult of sound mind may sign one, signed at the end and dated, with two qualifying adult witnesses or a notary; it must use the terms 'terminal condition' and/or 'permanently unconscious state', and withholding nutrition and hydration in a permanently unconscious state requires a conspicuous statement initialed or signed by the declarant. Source: Ohio Rev. Code 1337.12; 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 |
| Official power of attorney forms | Ohio law sets out a "Statutory Form Power of Attorney" for property and financial matters (Ohio Rev. Code 1337.60). The form ends with a signature and acknowledgment section for the principal and a notary public. A signature on a power of attorney acknowledged before a notary public is presumed to be genuine (1337.25). A durable power of attorney for health care must be signed by the principal at the end of the document and dated, and either witnessed by at least two adults or acknowledged before a notary public. Relatives of the principal by blood, marriage or adoption, the named attorney in fact or alternate, the attending physician, and the administrator of a nursing home where the principal receives care cannot be witnesses (1337.12). Signature presumption: https://codes.ohio.gov/ohio-revised-code/section-1337.25 ; health care: https://codes.ohio.gov/ohio-revised-code/section-1337.12 |
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FAQ
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.
What are the requirements for a health care directive in Ohio?
Health care power of attorney: must be signed at the end by the principal, state its date, and be either witnessed by two adults or acknowledged before a notary. Relatives, the named agent, the attending physician, and the administrator of a nursing home caring for the principal cannot be witnesses. Living will (declaration): an adult of sound mind may sign one, signed at the end and dated, with two qualifying adult witnesses or a notary; it must use the terms 'terminal condition' and/or 'permanently unconscious state', and withholding nutrition and hydration in a permanently unconscious state requires a conspicuous statement initialed or signed by the declarant.
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.
Where can I get a power of attorney form in Ohio?
Ohio law sets out a "Statutory Form Power of Attorney" for property and financial matters (Ohio Rev. Code 1337.60). The form ends with a signature and acknowledgment section for the principal and a notary public. A signature on a power of attorney acknowledged before a notary public is presumed to be genuine (1337.25). A durable power of attorney for health care must be signed by the principal at the end of the document and dated, and either witnessed by at least two adults or acknowledged before a notary public. Relatives of the principal by blood, marriage or adoption, the named attorney in fact or alternate, the attending physician, and the administrator of a nursing home where the principal receives care cannot be witnesses (1337.12).
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.