Ohio durable health care power of attorney is legal document gives your agent broad powers to make health care decisions for you - medical power of attorney - hcpoa
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According to Ohio law an adult may prepare a written statement Living Will Declaration (Health Care Directive) to control health care treatment decisions - revocable living will with organ donation provision |
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According to Ohio law (Ohio Revised Code (O.R.C.) chapter 1337 and Declaration for Mental Health Treatment under Revised Code chapter 2135),
an Advance Health Care Directive (AHCD) means a witnessed written document in which health care (the initiation, continuation,
withholding or withdrawal of life sustaining treatment) instructions are given by an adult who is of sound mind (principal).
Legal Helpmate provides you with two options 1) The Premium Package - Ohio Advance Health Care Directive contains the following documents:
POWER OF ATTORNEY FOR HEALTH CARE (MEDICAL POWER OF ATTORNEY) The Ohio Power of Attorney for Health Care is an important legal document. This legal document gives the person you designate (the attorney in fact) the power to make most health care decisions for you if you lose the capacity to make informed health care decisions for yourself. This power is effective only when your attending physician determines that you have lost the capacity to make informed health care decisions for yourself and, notwithstanding this document, as long as you have the capacity to make informed health care decisions for yourself, you retain the right to make all medical and other health care decisions for yourself. You may include specific limitations in this document on the authority of the attorney in fact to make health care decisions for you.Subject to any specific limitations you include in the Ohio Power of Attorney for Health Care, if your attending physician determines that you have lost the capacity to make an informed decision on a health care matter, the attorney in fact generally will be authorized by this document to make health care decisions for you to the same extent as you could make those decisions yourself, if you had the capacity to do so. The authority of the attorney in fact to make health care decisions for you generally will include the authority to give informed consent, to refuse to give informed consent, or to withdraw informed consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition. However, even if the attorney in fact has general authority to make health care decisions for you under the Ohio Power of Attorney for Health Care, the attorney in fact NEVER will be authorized to do any of the following: (1) Refuse or withdraw informed consent to life-sustaining treatment (unless your attending physician and one other physician who examines you determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that either of the following applies:
(3) Refuse or withdraw informed consent to health care for you if you are pregnant and if the refusal or withdrawal would terminate the pregnancy (unless the pregnancy or health care would pose a substantial risk to your life, or unless your attending physician and at least one other physician who examines you determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that the fetus would not be born alive); (4) refuse or withdraw informed consent to the provision of artificially or technologically administered sustenance (nutrition) or fluids (hydration) to you, unless:
Additionally, when exercising his authority to make health care decisions for you, the attorney in fact will have to act consistently with your desires or, if your desires are unknown, to act in your best interest. You may express your desires to the attorney in fact by including them in the Ohio Power of Attorney for Health Care or by making them known to him in another manner. When acting pursuant to the Ohio Power of Attorney for Health Care, the attorney in fact will have the same rights that you have to receive information about proposed health care, to review health care records, and to consent to the disclosure of health care records. You can limit that right in the Ohio Power of Attorney for Health Care if you so choose. Generally, you may designate any competent adult as the attorney in fact under this document. However, you CANNOT designate your attending physician or the administrator of any nursing home in which you are receiving care as the attorney in fact under the Ohio Power of Attorney for Health Care. Additionally, you CANNOT designate an employee or agent of your attending physician, or an employee or agent of a health care facility at which you are being treated, as the attorney in fact under the Ohio Power of Attorney for Health Care, unless either type of employee or agent is a competent adult and related to you by blood, marriage, or adoption, or unless either type of employee or agent is a competent adult and you and the employee or agent are members of the same religious order. The Ohio Power of Attorney for Health Care has no expiration date under Ohio law, but you may choose to specify a date upon which your durable power of attorney for health care generally will expire. However, if you specify an expiration date and then lack the capacity to make informed health care decisions for yourself on that date, the document and the power it grants to your attorney in fact will continue in effect until you regain the capacity to make informed health care decisions for yourself. You have the right to revoke the designation of the attorney in fact and the right to revoke this entire document at any time and in any manner. Any such revocation generally will be effective when you express your intention to make the revocation. However, if you made your attending physician aware of the Ohio Power of Attorney for Health Care, any such revocation will be effective only when you communicate it to your attending physician. If you execute the Ohio Power of Attorney for Health Care and create a valid durable power of attorney for health care with it, it will revoke any prior, valid durable power of attorney for health care that you created, unless you indicate otherwise in the Ohio Power of Attorney for Health Care. The Ohio Power of Attorney for Health Care is not valid as a durable power of attorney for health care unless it is acknowledged before a notary public OR is signed by at least two adult witnesses who are present when you sign or acknowledge your signature. No person who is related to you by blood, marriage, or adoption may be a witness. The attorney in fact, your attending physician, and the administrator of any nursing home in which you are receiving care also are ineligible to be witnesses. HEALTH CARE DIRECTIVE - LIVING WILL DECLARATION An adult who is of sound mind may execute a declaration (Living Will) governing the use or continuation, or the withholding or withdrawal, of life sustaining treatment. The declaration must be signed by the declarant (or by another individual at the direction of the declarant), state the date of its execution, and either be witnessed or acknowledged by the declarant (see below) before a notary public.A declaration becomes operative when it is communicated to the declarant's attending physician, that attending physician and one other physician who examines the declarant determine that the declarant is in a terminal condition or in a permanently unconscious state, and the attending physician determines that the declarant no longer is able to make informed decisions regarding the administration of life sustaining treatment. In order for a declaration to become operative in connection with a declarant who is in a permanently unconscious state, the consulting physician associated with the determination that the declarant is in the permanently unconscious state must be a physician who is qualified to determine whether the declarant is in a permanently unconscious state. In order for a declaration to become operative in connection with a declarant who is in a terminal condition or in a permanently unconscious state, the attending physician of the declarant must determine, in good faith and to a reasonable degree of medical certainty, and in accordance with reasonable medical standards, that there is no reasonable possibility that the declarant will regain the capacity to make informed decisions regarding the administration of life sustaining treatment. This Living Will Declaration will not be valid unless it either is signed by two eligible witnesses who are present when you sign or are present when you acknowledge your signature, or it is acknowledged before a Notary Public. The following persons cannot serve as a witness to this Living Will Declaration:
OHIO DONOR REGISTRY ENROLLMENT FORM In addition to completing the references to Anatomical Gifts in your Living Will and Ohio Health Care Power of Attorney you should also complete and file the Donor Registry Enrollment Form with the Ohio Bureau of Motor Vehicles to ensure that your wishes concerning organ and tissue donation will be honored. This document will serve as your consent to recover the organ and/or tissues indicated at the time of your death, if medically possible. In completing this form, your wishes will be recorded in the Ohio Donor Registry and will be accessible only to the appropriate organ, tissue or eye recovery organizations.Be sure to share your wishes in this area with loved ones and friends so they are aware of your intentions. Make a copy of this form and retain it as part of your Living Will Declaration.This form must be signed by two witnesses. If the donor is under the age of 18, a parent or legal guardian must sign as one of the two witnesses. This form should be used to state your intentions to be included in or removed from the Ohio Bureau of Motor Vehicles Donor Registry. You should talk with your family, your health-care professional, your attorney, and any agent or attorney-in-fact that you appoint about your health care decision to make one or more advance directives. If they know what health care you want, they will find it easier to follow your wishes. If you cancel or change an advance health care directive in the future, remember to tell these same people about the change or cancellation. Do not sign these legal documents unless you clearly understand it. It is suggested that you keep the original of these documents on file with your physician and family members. If there is anything about these legal forms that you do not understand, you should ask a lawyer to explain it to you. |
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