An Ohio living will, also known as an advance directive or an Ohio living will declaration, enables you to express your wishes related to medical care via legal document in the event that you are unable to do so because of a terminal condition, an incurable injury, or another condition that leaves you unable to express your wishes related to medical decisions. Examples of medical decisions you may include are a do-not-resuscitate order (DNR or cardiopulmonary resuscitation), use or withdrawal of life-sustaining treatment, the making of an anatomical gift, the transplantation of any or all of your organs (such as your corneas, ligaments, fascia, pancreas, etc.), or any other special instructions you would like to include. If you are an organ donor, you should ensure that you complete donor registry enrollment. Your living will, once properly executed is designed to be honored for end of life care whether you are in a nursing home, hospice care, hospital, other care facility, or at home.
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.
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