Ohio Living Will Requirements

Posted on: April 10th, 2023 by EOS Healthcare Marketing

A living will, also known as an advance directive, is a legal document that outlines an individual’s medical treatment preferences in the event they become incapacitated and cannot make decisions for themselves. In the state of Ohio, there are certain requirements that must be met for a living will to be considered legally binding. 

Firstly, it is important to note that Ohio law recognizes two types of advance directives: a living will and a durable power of attorney for health care. While a living will outline an individual’s specific medical treatment preferences, a durable power of attorney for health care appoints a person to make medical decisions on their behalf if they become incapacitated. In Ohio, both types of advance directives are legally binding, and an individual can choose to have one or both. My Living Wishes is here to help you learn the process of creating a living will in the state of Ohio.

What are the Steps to Create a Living Will in Ohio?

Creating a living will in the state of Ohio involves a few important steps. Here is a brief overview of the process:

• Understand what a living will is and its purpose: It is important to understand what a living will is and why you may want to create one.
• Determine your medical treatment preferences: Some common medical treatments include life support, pain management, and organ donation.
• Choose a legal form for your living will: Ohio law recognizes two types of advance directives: a living will and a durable power of attorney for health care.
• Complete the living will form: You can obtain a form from various sources, such as your physician’s office, a hospital, or an attorney. The form must be in writing and signed by you or your legal representative.
• Have the living will be witnessed: In Ohio, the living will must be witnessed by two individuals who are not related to you by blood, marriage, or adoption and who will not inherit any part of your estate.
• Distribute copies of the living will: Distribute copies to your physician and any healthcare facilities where you may receive treatment. You should also keep a copy for yourself and give copies to any family members.

What are the Living Will Requirements in Ohio?

To create a legally binding living will in Ohio, the following requirements must be met:

• The individual must be at least 18 years old and of sound mind.
• The living will must be in writing and signed by the individual or their legal representative.
• The individual must clearly state their medical treatment preferences, including the types of treatment they do or do not want to receive.
• The individual must include specific medical conditions under which the living will applies, such as a terminal illness or permanent unconsciousness.
• The individual must state that they understand the consequences of their medical treatment choices and that they wish to have their wishes carried out even if death is the result.
• The living will must be witnessed by two individuals who are not related to the individual by blood, marriage, or adoption and who will not inherit any part of the individual’s estate. The witnesses must also be at least 18 years old and of sound mind.
• Ohio law also requires that a copy of the living will be given to the individual’s physician and that the physician’s office keep a copy on file. 
  • If the individual is admitted to a healthcare facility, a copy of the living will must also be given to the facility and placed in the individual’s medical record.

In conclusion, creating a living will is an important step in ensuring that an individual’s medical treatment preferences are respected if they become incapacitated. If you live in Ohio, it is important to understand the specific living will requirements outlined by state law to ensure that your living will is legally binding. By meeting these requirements, you can have peace of mind knowing that your wishes will be carried out even if you cannot make decisions for yourself. Contact us today with any questions.