A legal process that gives a trusted individual the legal authority to make health care decisions on one's behalf is called a "durable power of attorney," and is regulated at the state level. Under Ohio's durable power of attorney laws, a physician who objects to the withdrawal of life-preserving procedures may not prevent that patient's transfer to another doctor.
Learn more about Ohio durable power of attorney laws in the following table. See Power of Attorney for Health Care and Living Wills for more information.
| Code Section | 1337.11, et seq. Durable Power of Attorney for Health Care |
| Specific Powers, Life-Prolonging Acts | Medical procedure, treatment, intervention, or other measure that will serve to prolong the process of dying, including right to give informed consent and make other decisions principal could if s/he had capacity |
| Legal Requirements for Durable Power of Attorney | (1) Adult; (2) sound mind; (3) signed; (4) dated; (5) signed in presence of 2 adult witnesses or notarized (including attestation that principal is of sound mind and free from duress) |
| Revocation of Durable Power of Attorney | Does not expire unless principal specifies an expiration date in the instrument. Revocable at any time in any manner; effective when expressed, but if physician had knowledge of the durable power of attorney, revocation is effective on communication to physician. Valid Durable Power of Attorney for health care revokes prior instrument |
| Validity from State-to-State | Effective if document complies with the laws of the state where executed and that substantially complies with Ohio law |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician may not prevent or delay patient's transfer to another physician |
| Immunity for Attending Physician | No civil, criminal, or professional liability for good faith reliance which is in accordance with reasonable medical standards on agent's health care decisions |
Note: State laws are constantly changing, usually through the enactment of new legislation or the decisions of higher courts -- contact an Ohio estate planning lawyer or conduct your own legal research to verify the state law(s) you are researching.
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