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Ohio Advance Directive

Ohio Advance Directive

By 

Jennifer Mcgee

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Updated on  

November 22, 2022
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10 Mins

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When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive. 

An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed. 

Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably. 

In this article, you will get a complete guide for making an Advance Directive for Healthcare in Ohio.  

Legal Requirements for a valid Advance Directive

  • Written by the grantor (maker of Advance Directive): Yes
  • Grantor must be:
  • Above the age of 18 years: Yes
  • Sound mind and memory: Yes
  • Signed by the grantor: Yes
  • Signed by Proxy/Agent: No
  • Proxy/agent accepts his role in writing: No
  • Witness required: Yes
  • Number of witnesses: 2
  • Signed by the witnesses: Yes
  • Number of documents required: 2 (Advance Directive Form + Organ Donation Form)
  • Other names for a Living Will in Ohio: Living Will Declaration
  • Other names for a Healthcare Power of attorney in Ohio: Healthcare Power of attorney
  • Proxy can decide on mental health issues: No

Who can be your witnesses in the Ohio Advance Directive?

Anyone can be your witness in Ohio if;

  • He is an adult i.e., above 18 years of age,&
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Note: Your witnesses cannot be: 

  • Your healthcare proxy/agent,
  • your supervising health care provider/ his employer,
  • Related to you by blood, adoption, or marriage within the third degree of consanguinity. (at least one witness).

That means your witness must be more distantly related to you by blood or adoption than your uncles, aunts, nephews, nieces, great-grandparents, and great-grandchildren or by marriage than your step uncles, step aunts, step nephews, step nieces, step great grandparents, and step great-grandchildren.

Advance Directive Ohio

Who can be your Proxy in the Ohio Advance Directive?

Anyone can be your Proxy/Agent in Ohio if;

  • He is an adult i.e., above 18 years of age, &
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Who cannot be your Proxy/Agent:

  • your supervising health care provider, 
  •  if you are receiving care  at a health care institution then its employee.

Unless: 

  • the employee is related to you by blood, marriage, or adoption within the third degree of consanguinity. 

That means your agent must be more distantly related to you by blood or adoption than your uncles, aunts, nephews, nieces, great-grandparents, and great-grandchildren or by marriage than your step uncles, step aunts, step nephews, step nieces, step great grandparents, and step great-grandchildren.

Other than the above legal requirements, the Proxy/Agent should be:

  • Trustable to adhere to your wishes and intentions.
  • Trustable to defend you if there’s any disagreement about your medical care.
  • He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
  •  He should not be your doctor or one of the caretakers.

Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.

Notarization required for Ohio Advance Directive?

You can either get an Advance Directive executed by signing the form in the presence of the witnesses or get your signature notarized by signing an acknowledgment in front of the public notary.

Learn about the requirements of Ohio Last Will and Testament and Ohio Last Will and Testament Template.

When does an Advance Directive come into effect in Ohio?

In Ohio, an Advance Directive becomes legally valid but doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. 

An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your behalf and have become debilitated due to illness or injury.

Note: Your Ohio Advance Directive will not be effective in any medical crisis or emergency unless you become incapacitated to understand and communicate your wishes and consent.

How can an Advance Directive be revoked?

You can revoke or terminate your Ohio Advance Directive anytime in any way either by:

  • A written revocation,
  • An oral revocation, &
  • Tearing, burning, and obliterating or destroying the document in any other way or directing anyone to destroy it in your presence,
  • Executing a new Advance Directive.

Note: Your revocation becomes effective when you, or someone else, communicate this revocation to your attending physician. If you decide to declare a designee to make choices regarding the final disposition of your remains, you may only revoke that power in a signed writing.  

How to amend or change an Advance Directive? 

You can make changes or amend your Advance Directive at any time in Ohio but once you have signed and witnessed/notarized it you have to remake a new document with the required changes. 

It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.

Ohio rules for divorce after making your Advance Directive 

Divorce from the spouse will not make any effect on the validity of the Ohio Advance Directive unless the spouse was named in Part 1 as the Proxy/Agent then and your marriage ends, your agent’s power is automatically revoked.

Forms of the Ohio Advance Directive 

Form 1: Healthcare Power of attorney

You can fill this form out and provide all the details. The appointment of the Healthcare Proxy/Agent and his details will be filled along with the instructions for the Proxy/Agent to follow.

In the original form, you will find a gray box on the left side that contains all the instructions that will help you in the application process. 

Ohio Advance Directive Sample Form

PART 1: HEALTH CARE POWER OF ATTORNEY 


The person named below is my agent who will make health care decisions for me as authorized in this document. 

Agent’s Name and Relationship: 

Agent’s Current Address: 

Agent’s Current Telephone Number: 


By placing my initials, signature, check or other mark in this box, I specifically authorize my agent to obtain my protected health care information immediately and at any future time.


 If my agent named above is not immediately available or is unwilling or unable to make decisions for me, then I name, in the following order of priority, the persons listed below as my alternate agents [cross out any unused lines]: 

First Alternate Agent: 

Second Alternate Agent: 


Nomination of Guardian


I intend that the authority given to my agent in my Health Care Power of Attorney will eliminate the need for any court to appoint a guardian of my person. However, should such proceedings start, I nominate the person(s) below in the order listed as guardian of my person. By writing my initials, signature, a check mark or other mark on this line, I nominate my agent and alternate agent(s), if any, to be guardian of my person, in the order named above. 

If I do not choose my agent or an alternate agent to be the guardian of my person,

 I choose the following person(s), in this order: 


Guardian of my person’s name and relationship: Address: Telephone number(s)...


Guardian of the estate


Guardian of my estate’s name and relationship: Address: Telephone number(s): 


Alternate guardian of my estate’s name and relationship: Address: Telephone number(s): 


By placing my initials, signature, check or other mark in this box, I direct that bond be waived for guardian or successor guardian of my estate.


Signature of Principal

I understand that I must sign this Health Care Power of Attorney and state the date of my signing, and that my signing either must be witnessed by two adults who are eligible to witness my signing OR the signing must be acknowledged before a notary public.


I sign my name to this Health Care Power of Attorney on , 20 _, at _, Ohio.


WITNESS OR NOTARY ACKNOWLEDGEMENT 

[Choose One] 


Witnesses


I attest that the principal signed or acknowledged this Health Care Power of Attorney in m y presence, and that the principal appears to be of sound mind and not under or subject to duress, fraud or undue influence.

 Witness 1 Signature: 

Print Name: Address: Dated: , 20 

Witness 2 Signature: 

Print Name: Address: OR Dated: , 20 


Notary Acknowledgement 


State of Ohio County of ss. On , 20 , before me, the undersigned notary public, personally appeared , principal of the above Health Care Power of Attorney, and who has acknowledged that (s)he executed the same for the purposes expressed therein. I attest that the principal appears to be of sound mind and not under or subject to duress, fraud or undue influence. 


Notary Public

Form 2: Living Will Declaration

This section states your wishes regarding medical care when your doctor determines that either 

  • that you are terminally ill & to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or 
  • that you are in a persistent vegetative state.

Ohio Advance Directive Sample Form

FORM 2: LIVING WILL DECLARATION


(Print Full Name) (Birth Date) 


This is my Living Will Declaration. I revoke all prior Living Will Declarations signed by me. I understand the nature and purpose of this document. If any provision is found to be invalid or unenforceable, it will not affect the rest of this document….


In the event my attending physician determines that life-sustaining treatment should be withheld or withdrawn, my physician shall make a reasonable effort to notify one of the persons named below, in the following order of priority [cross out any unused lines]: 


First contact’s name and relationship: Address: Telephone Number: 


Second contact’s name and relationship: Address: Telephone Number:.....



ANATOMICAL GIFT (OPTIONAL) 


Upon my death, the following are my directions regarding donation of all or part of my body: 


In the hope that I may help others upon my death, I hereby give the following body parts: 


[Check all that apply.] 

□ All organs, tissue and eyes for any purposes authorized by law. OR 

□ Heart □ Lungs □ Liver (and associated vessels) □ Pancreas/Islet Cells □ Small Bowel □ Intestines □ Kidneys (and associated vessels) 

□ Eyes/Corneas □ Heart Valves □ Bone 

□ Tendons □ Ligaments □ Veins 

□ Fascia □ Skin □ Nerves For the following purposes authorized by law: 


□ All purposes 

□ Transplantation 

□ Therapy 

□ Research 

□ Education


Signature of Principal

I understand that I must sign this Health Care Power of Attorney and state the date of my signing, and that my signing either must be witnessed by two adults who are eligible to witness my signing OR the signing must be acknowledged before a notary public.


I sign my name to this Health Care Power of Attorney on , 20 _, at _, Ohio.


WITNESS OR NOTARY ACKNOWLEDGEMENT 

[Choose One] 


Witnesses


I attest that the principal signed or acknowledged this Health Care Power of Attorney in m y presence, and that the principal appears to be of sound mind and not under or subject to duress, fraud or undue influence.

 Witness 1 Signature: 

Print Name: Address: Dated: , 20 

Witness 2 Signature: 

Print Name: Address: OR Dated: , 20 


Notary Acknowledgement 


State of Ohio County of ss. On , 20 , before me, the undersigned notary public, personally appeared , principal of the above Health Care Power of Attorney, and who has acknowledged that (s)he executed the same for the purposes expressed therein. I attest that the principal appears to be of sound mind and not under or subject to duress, fraud or undue influence. 


Notary Public

Form 3: Donor Registry Enrollment

Ohio Advance Directive Sample Form

FORM 3: DONOR REGISTRY ENROLLMENT

To register, please complete and mail this enrollment form to: 

Ohio Bureau of Motor Vehicles Attn: Records Request P.O. BOX 16583 Columbus, OH 43216-6583 

PLEASE PRINT LAST NAME FIRST MIDDLE MAILING ADDRESS 

CITY STATE ZIP PHONE

DATE OF BIRTH

STATE OF OHIO DL/ID CARD OR SSN 


DONOR REGISTRY ENROLLMENT OPTIONS 


OPTION 1 

Upon my death, I make an anatomical gift of my organs, tissues and eyes for any purpose authorized by law. 


OPTION 2 

Upon my death, I make an anatomical gift of my organs, tissues and/or eyes selected below. 

ALL ORGANS, TISSUES AND EYES 


For the Following Purposes Authorized By Law: ALL 

TRANSPLANTATION 

THERAPY 

RESEARCH 

EDUCATION PURPOSES 


OPTION 3 

Please take me out of the Ohio Donor Registry. 

SIGNATURE OF DONOR REGISTRANT X DATE

Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records. 

Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.

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Frequently Asked Questions

What is an Advance Healthcare Directive Ohio?

An Advance Directive is a legal-written document about your future medical care. It is a gift to family members and friends so that they won't have to guess what you want if you no longer can speak for yourself.

Does an attorney have to draft an advance directive in Ohio?

The procedure of creating advance directives is simple, you do not require an attorney though you may choose to consult one. However, an advance directive either it is written or oral needs to be witnessed by two individuals.

Who makes medical decisions if you are incapacitated in Ohio?

Under Ohio law, incapacity means when a physician declares that the individual can longer give informed consent. Any person may designate someone to make health care decisions on their behalf should they become incapacitated in Ohio.

What are the 2 major challenges with advance directives?

Advance directives have limitations. For example, an older adult may not fully understand treatment options or recognize the consequences of certain choices in the future. Sometimes, people change their minds after expressing advance directives and forget to inform others.

5. How do I get a medical power of attorney in Ohio?

It is the same as creating a document of Advance Directive. Firstly, choose Your Surrogate/Acting Agent, be specific on what decisions your Power of Attorney can make for you, and fill out your Ohio Medical Power of Attorney Form. Lastly, sign your document before subscribing to witnesses and a Notary Public.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

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