Ohio Health Care Power of Attorney

In Ohio, if you would like to designate someone else to make important medical decisions on your behalf should you become incapacitated, the form you will need to file is the Ohio Health Care Power of Attorney form.

It is up to you to decide which health care choices the person you designate as your agent will make for you. You can designate complete power to your agent to make all important decisions regarding your health, or you may specify the particular procedures or treatments you want your agent to be able to authorize for you.

Requirements for a Valid Ohio Health Care Power of Attorney

Your Ohio Health Care Power of Attorney form must be signed and dated by you and two witnesses. If you cannot sign for yourself, the form may be signed in your presence with your permission. Neither of the witnesses may be your agent, or related to you by blood, marriage, or adoption. The witnesses also cannot be your attending physician or an administrator of your nursing home (if you are living in one).

When Your Ohio Health Care Power of Attorney Goes Into Effect

Your Ohio Health Care Power of Attorney will go into effect when you are no longer able to make decisions about your health care. This determination is made by your physician, and may need to be verified by another physician. Note that this is different from an Ohio living will, which only goes into effect if you are terminally ill or permanently unconscious.

Making Your Wishes Known

Your Ohio Health Care Power of Attorney authorizes your agent to make any necessary decisions that you have designated. If you have both an Ohio Health Care Power of Attorney and an Ohio living will, any wishes that you express in your living will must be followed by your health care agent. See the list below for examples of things you may specify in your Health Care Power of Attorney form.

Treatments and Procedures You May Designate

You can grant your agent power to make decisions on such issues as:

• Whether or not to perform any procedure, treatment, or prescribe any medication to you, including direct approval of any tests to be performed or whether or not to use life-support equipment
• Selection of which doctors treat you
• Whether or not you will be resuscitated in the event you stop breathing or your heart stops

Ohio Health Care Power of Attorney Form

The state of Ohio does not have a standard Health Care Power of Attorney form, but you can find an excellent form recommended by a group of Ohio medical and legal organizations here. Additionally, if you have further questions about the process or the decision to name someone as your health care power of attorney, you can consult an experienced Ohio estate planning attorney or Ohio elder law attorney.

Case Studies: Utilizing Ohio Health Care Power of Attorney for Medical Decision-Making

Case Study 1: John’s Health Care Power of Attorney

John, a resident of Ohio, wanted to ensure that his medical decisions would be handled by someone he trusts in the event that he becomes incapacitated. He decided to create an Ohio Health Care Power of Attorney. John designated his sister as his agent and granted her complete power to make all important decisions regarding his health. This case study highlights the importance of having a designated agent who can advocate for your medical preferences when you are unable to do so.

Case Study 2: Sarah’s Specific Treatment Authorization

Sarah, a patient in Ohio, had specific preferences regarding her medical treatments. She wanted to retain some control over her health care decisions even if she couldn’t make them herself. Sarah utilized the Ohio Health Care Power of Attorney form and specified the particular procedures and treatments she wanted her agent to be able to authorize on her behalf. This case study demonstrates how the Ohio Health Care Power of Attorney allows individuals to tailor their designation to their specific medical needs.

Case Study 3: Mark’s Living Will and Health Care Power of Attorney

Mark, an Ohio resident, wanted to ensure that his wishes regarding end-of-life care were followed. He created both an Ohio Health Care Power of Attorney and an Ohio living will. Mark’s health care agent is required to follow any wishes expressed in his living will. This case study illustrates the importance of having both documents to provide comprehensive guidance for medical decision-making.