A living will also allows you to pick someone as your attorney-in-fact or healthcare agent. An attorney-in-fact is a person who will make your decisions during that time. Ohio Revised Code (ORC) limits who can act as your attorney-in-fact. An Ohio living will must either be signed by two witnesses or be notarized. There are laws that explain who can and cannot sign as a witness. Those who cannot sign include family members entitled to any part of your estate according to probate law and your agent listed in your durable power of attorney, health care power of attorney, or any other power of attorney form. If you have questions, you should seek legal advice from an attorney licensed to practice in the State of Ohio who is experienced in this area of Ohio law.
§ 2133.01 through § 2133.26: An Ohio living will allows you to explain your wishes related to various forms of comfort care, including whether artificial nutrition, hydration, or certain procedures or medications, being administered or stopped. It may also be used to alert medical professionals as to whether you want to be resuscitated.
The Ohio State Bar Association provides a free packet that includes both an advance directive as well as a health care power of attorney. You are not required to use both documents. Some of the required pieces of information to complete the advance directive include:
After you create and execute the document, you should ensure its safekeeping since its purpose is to help with the end of your life decisions that your doctor, as well as your agent, will need to know and understand.
An Ohio living will is just one piece in an estate plan. To document your wishes related to your assets and to name a guardian for minor children, complete an Ohio last will and testament.