How do I create an advance healthcare directive in Ohio?
1. Types Recognized
Ohio recognizes: (a) Living Will Declaration (Ohio Rev. Code Ch. 2133), (b) Durable Power of Attorney for Health Care (R.C. 1337.11 through 1337.17), (c) Donor Registry Enrollment Form, (d) DNR Comfort Care/Comfort Care Arrest Identification Form (R.C. 2133.21-.26), and (e) Ohio MOLST is recognized but not statewide statutory.
2. Statutory Form
R.C. 2133.04 (Living Will) and R.C. 1337.17 (Health Care POA) contain statutory forms that the Ohio State Bar Association distributes. Use is optional but strongly recommended.
3. Execution Formalities
Both documents require principal to be 18+ and of sound mind. Sign before EITHER (a) TWO adult witnesses OR (b) a notary public (R.C. 2133.02, 1337.12). Witnesses cannot be: the agent, related to the principal, the attending physician, or an heir/beneficiary. Witnesses must not be employees of the principal's healthcare facility.
4. Healthcare Agent Authority
Under R.C. 1337.13, the agent may make all healthcare decisions the principal could make, but to withdraw or withhold artificial nutrition/hydration the principal must EXPRESSLY authorize it in writing AND the attending physician plus one other physician must certify a permanently unconscious state or terminal condition.
5. Pregnancy Clauses
Ohio R.C. 2133.06(B): a living will declaration is INEFFECTIVE if the patient is pregnant and the fetus could develop to live birth with continued treatment. This remains in force post-Dobbs.
6. Reciprocity
R.C. 1337.18 honors healthcare POAs executed in other states if compliant with that state's law or Ohio's.
7. DNR/MOLST
Ohio DNR Comfort Care identification (R.C. 2133.21) is a state-recognized order valid across settings. MOLST programs exist regionally.
8. Revocation
Under R.C. 2133.04(D), revocable at any time, regardless of mental state, by: physical destruction, written revocation, oral statement, or new contrary directive. Divorce revokes spouse-agent designation (R.C. 1337.12).
9. Default Surrogate
R.C. 2133.08 sets the consent priority for terminating life-sustaining treatment when no DPOA-HC exists: guardian > spouse > adult children (majority) > parents > nearest adult relative.
This is legal information, not legal advice.
- Pregnancy clause under R.C. 2133.06(B) affecting your directive
- Disputes over ANH withdrawal authority
- Surrogate hierarchy disagreements among adult children
- Ohio Rev. Code Ch. 2133 (Living Wills/DNR)
- Ohio Rev. Code §§ 1337.11-.17 (Health Care POA)
- Ohio Rev. Code § 2133.08 (surrogate priority)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.