Ohio Advance Directive Form [PDF]

An advance directive Ohio form is a crucial document in advance care planning, as it outlines an individual's medical preferences for specific situations regarding their health care. This document typically includes end-of-life decisions, specifying which treatments the individual approves or disapproves of (“living will”).

Additionally, it incorporates a durable power of attorney for health care (medical power of attorney), which allows individuals to appoint a trusted agent to make decisions on their behalf.

Signing Requirements for Ohio Advance Health Care Directive

According to Section 2133.02 of the Ohio Revised Code, to create a valid advance directive for health care, the following signing requirements must be met:

Signing Requirements for Ohio

The directive must be signed by the declarant (the person making the directive) or by someone else at the declarant's direction at the end of the document, and the date of execution must be stated.
It must be witnessed by at least two adults who are not ineligible, meaning they cannot be related to the principal, the attending physician, or involved in the principal's care.
Alternatively, the advance directive form can be acknowledged before a notary public, who must also attest to the declarant's mental state.

Ohio Advance Health Care Directive Revocation & Changing

An Ohio advance directive becomes effective when two doctors confirm the declarant is terminally ill or unconscious and can’t make health decisions.

According to Section 2133.04, the declarant can revoke their advance directive for health care at any time and in any way. The revocation is effective when they express their intention, but if the attending physician knows about the directive, it must be communicated to them or their staff to take effect.

Additional Legal Considerations for Ohio Advance Health Care Directive

According to Section 2133.10, if a physician or health care facility is unwilling or unable to follow the declarant healthcare advance directive, they cannot refuse or delay the transfer of the declarant to another physician or facility that will comply with the advance directive form.

Section 2133.14 specifies that an advance directive created according to another state’s laws will still be recognized as valid under Ohio law as long as it either fully complies with that state’s requirements or substantially complies with Ohio’s laws.

A declarant has the right to include a decision regarding their own life-sustaining treatment in an advance directive. But, as Section 2133.06 states, if the declarant is pregnant, life-sustaining treatment cannot be withheld or withdrawn if that would terminate the pregnancy unless two physicians determine with reasonable certainty that the fetus will not be born alive.

How to Choose a Health Care Agent in Ohio

To choose an Ohio health care proxy (agent), you should select someone you fully trust. An agent should be an adult who understands your values and health care wishes. Keep in mind that healthcare providers and their employees cannot serve as your agent.

It is also important to have an open conversation with your agent about your health care preferences to ensure your agent is the right choice and will act in your best interest under stressful circumstances.

What Happens if You Don’t Have an Advance Directive in Ohio?

Without an advance directive, your values and wishes may not be honored, as they remain undocumented. If you haven't communicated your preferences clearly to your loved ones, there could be uncertainty about your wishes, or they might not take your verbal guidance seriously.

To ensure your medical preferences are articulated and respected, consider creating an advance directive as part of your advance care planning. This important document provides clear instructions for your loved ones and healthcare providers, ensuring your choices are followed during incapacitation.