What is an Ohio durable power of attorney for health care?

A durable power of attorney an adult of sound mind executes under R.C. 1337.24 that authorizes an attorney in fact to make health care decisions when the attending physician determines the principal has lost the capacity to make informed decisions, and may authorize the attorney in fact to obtain health information at once (R.C. 1337.12(A)). It is separate from the trust and from a financial power of attorney.

What is an Ohio living will?

A declaration an adult of sound mind executes governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment — signed at the end, dated, and either witnessed or acknowledged as R.C. 2133.02(B) provides (R.C. 2133.02(A)(1)). It directs treatment; it gives no one authority over property.

Can an agent under a power of attorney change my trust?

Only to the extent both the power of attorney and the trust's terms expressly authorize it (R.C. 5806.02(E)); a power of attorney terminates at the principal's death and an agent's authority ends on revocation, the agent's death, incapacity or resignation, or the filing of a divorce action unless the power provides otherwise (R.C. 1337.30). An agent is not thereby a successor trustee.

Ohio Powers of Attorney & Advance Directives

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What advance directives are

Advance directives are documents you sign while you have capacity that let trusted people make decisions for you — financial and medical — if illness or injury later prevents you from deciding yourself. Without them, your family may have to ask a Ohio probate court to appoint a guardian, which takes time and expense.

The core Ohio documents

Power of attorney for finances

Authorizes an agent to handle your finances and property, and is durable — it continues through your incapacity — unless it says otherwise (R.C. 1337.24); it ends at your death (R.C. 1337.30). The agent may exercise your powers to revoke, amend or distribute a trust only to the extent both the terms of the trust and the power of attorney expressly authorize it (R.C. 5806.02(E)) — so who you name, and what you grant, matters.

Durable power of attorney for health care (R.C. 1337.12)

Names an attorney in fact to make health care decisions for you when your attending physician determines you have lost the capacity to make informed decisions, in an instrument signed and dated at the end and either witnessed by two eligible adults or acknowledged before a notary (R.C. 1337.12). The attending physician, a nursing home administrator and their employees may not serve, except a relative or a member of the same religious order.

Your treatment wishes: the living will declaration (R.C. 2133.02)

A living will declaration states your wishes about life-sustaining treatment in a terminal condition or a permanently unconscious state — signed and dated at the end, and either witnessed by two eligible adults or acknowledged before a notary (R.C. 2133.02); the withholding of nutrition and hydration in a permanently unconscious state takes a conspicuous statement you initial or sign.

Guardian nomination & HIPAA authorization

If a guardianship ever becomes necessary, a Ohio probate court weighs the person you nominated — a durable power of attorney for health care may nominate a guardian of your person or estate (R.C. 1337.12); a HIPAA authorization lets named people receive your medical information. Often added to round out the set.

Why you need these even with a Trust

A revocable living Trust handles the assets inside it, but it does not make medical decisions, and it doesn't cover assets you never transferred in. Advance directives fill those gaps — and together with a will and a Trust, they keep decisions in the hands of people you chose, not a court.

Putting the set together in Ohio

Which directives you need, and how they're worded, depends on your situation, your family, and your wishes. This page is general information, not legal advice. A free role check can show you where you stand, and a Ohio attorney can prepare directives that fit you.

General information about Ohio law, not legal advice.

Frequently asked questions

What is an Ohio durable power of attorney for health care?: A durable power of attorney an adult of sound mind executes under R.C. 1337.24 that authorizes an attorney in fact to make health care decisions when the attending physician determines the principal has lost the capacity to make informed decisions, and may authorize the attorney in fact to obtain health information at once (R.C. 1337.12(A)). It is separate from the trust and from a financial power of attorney.
What is an Ohio living will?: A declaration an adult of sound mind executes governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment — signed at the end, dated, and either witnessed or acknowledged as R.C. 2133.02(B) provides (R.C. 2133.02(A)(1)). It directs treatment; it gives no one authority over property.
Can an agent under a power of attorney change my trust?: Only to the extent both the power of attorney and the trust's terms expressly authorize it (R.C. 5806.02(E)); a power of attorney terminates at the principal's death and an agent's authority ends on revocation, the agent's death, incapacity or resignation, or the filing of a divorce action unless the power provides otherwise (R.C. 1337.30). An agent is not thereby a successor trustee.

General information about Ohio law, not legal advice.