Often used in conjunction with a durable power of attorney, a "living will" is a legally binding document laying out one's medical preferences and directions should he or she become unable to communicate clearly.
What Are Ohio's Living Wills Laws?
Ohio living will laws are codified under the state's Modified Uniform Right of the Terminally Ill Act, which allows living wills to be changed or modified at any time. It is better known as a health care power of attorney and allows another person of your choosing to obtain your health information and to make health care decisions for you.
You can allow that person to get to communicate with your health care provider at any time, but health care decisions can be made for you only if and when you cannot make health care decisions for yourself.
The specifics of Ohio's living will laws are listed below. See Living Wills: Introduction to learn more.
| Code Section | 2133.01, et seq. Modified Uniform Rights of the Terminally Ill Act |
| Specific Powers, Life-Prolonging Acts | Any medical procedure, treatment, intervention, or other measure that will serve principally to prolong the process of dying. Declarant may authorize withholding hydration and nutrition; cannot withdraw or withhold life-sustaining treatment from pregnant patient, unless it is believed to a reasonable degree of certainty, that the fetus would not be born alive. |
| Legal Requirements for Valid Living Will | (1) Adult; (2) of sound mind; (3) signed by declarant; (4) dated; (5) in presence of 2 witnesses or a notary public who attests that principal is of sound mind and free from duress |
| Revocation of Living Will | Revocable at any time and in any manner; effective when expressed and communicated to a witness or physician |
| Validity from State-to-State | Effective if executed in another state in compliance with that law or in substantial compliance with Ohio law |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician may not prevent or unreasonably delay a transfer |
| Immunity for Attending Physician | No civil, criminal, or professional liability for physician acting in good faith within the scope of their authority |
Note: State laws are constantly changing -- contact an Ohio estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
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Ohio Living Wills Laws: Related Resources
