A financial power of attorney designates someone to manage your money and property if you can't. But what about medical decisions? Who decides what treatment you receive, whether to continue life support, or whether to authorize surgery if you can't communicate those wishes yourself? Without a healthcare directive, those decisions fall to your family — guided only by their best guess about what you would want, often in crisis conditions. Ohio law provides specific documents that allow you to make these decisions in advance, while you still can.
The Two Key Documents
Ohio recognizes two primary healthcare directive documents, which are often executed together as a combined healthcare directive package:
- Healthcare Power of Attorney: Designates a person (your "healthcare agent") to make healthcare decisions for you if you become unable to make them yourself.
- Living Will Declaration: Expresses your wishes about life-sustaining treatment and end-of-life care if you are terminally ill or permanently unconscious.
Ohio's statutes governing these documents are found in Ohio Revised Code §§ 1337.11–1337.17 (healthcare power of attorney) and §§ 2133.01–2133.15 (living will).
Healthcare Power of Attorney
A healthcare power of attorney (HCPOA) designates a trusted individual — your healthcare agent — to make medical decisions on your behalf when you are incapacitated. The authority granted to your agent can be broad or narrow, but generally includes decisions about:
- Consenting to or refusing medical treatment and procedures
- Choosing healthcare providers and facilities
- Accessing your medical records (an important HIPAA authorization is typically included)
- Making decisions about surgery, hospitalization, and rehabilitation
- In some cases, decisions about life-sustaining treatment (if not addressed separately in a living will)
The HCPOA becomes effective only when your physician determines that you lack the capacity to make informed medical decisions — it does not give your agent authority over decisions while you are capable of making them yourself.
Choosing Your Healthcare Agent
Your healthcare agent is one of the most important appointments in your estate plan. This person may need to make difficult decisions — sometimes quickly, under emotional pressure, possibly against the wishes of other family members. The ideal agent is someone who:
- Knows your values and preferences about medical treatment
- Is willing and able to advocate for those preferences, even under pressure
- Lives close enough to be available in a medical emergency
- Can remain relatively calm and clear-headed in a crisis
Your agent does not need to be a family member — it can be a close friend, clergy member, or any trusted adult. It cannot be your treating physician or the operator of your residential care facility.
Living Will Declaration
A living will is a written statement of your wishes about life-sustaining treatment in the event of a terminal condition or permanent unconscious state. It speaks when you cannot. Ohio's living will statute allows you to direct healthcare providers to withhold or withdraw life-sustaining treatment in these circumstances, according to your stated wishes.
A well-drafted living will addresses:
- Whether you want CPR (cardiopulmonary resuscitation) attempted
- Whether you want mechanical ventilation (breathing machine)
- Whether you want artificial nutrition and hydration (feeding tubes)
- Whether you want dialysis
- Preferences about comfort care and pain management
- Organ and tissue donation wishes
Many people find that the living will brings significant peace of mind — both for themselves and for their family members, who are otherwise left to make agonizing decisions without guidance.
What Happens Without These Documents?
Without a healthcare power of attorney, Ohio law establishes a surrogate decision-maker hierarchy — a list of relatives who can make healthcare decisions in order of priority (spouse, adult children, parents, siblings, etc.). While this provides some protection, it has significant limitations:
- Disputes among family members about the "right" decision can paralyze decision-making
- The surrogate may not know your wishes
- In some cases, a court must appoint a guardian to make decisions — a slow, expensive, and traumatic process
Without a living will, the default under Ohio law is generally to continue life-sustaining treatment — even if that is not what you would want. Your family is left making a terrible decision without guidance from you.
Ohio's Execution Requirements
To be valid in Ohio, both the healthcare power of attorney and the living will must be:
- Signed by the principal
- Witnessed by two adult witnesses who are not the named healthcare agent, not a relative of the principal, and not the principal's attending physician or administrator of the residential facility where the principal lives
Notarization is not required under Ohio law for these documents, though some healthcare providers and facilities prefer notarized documents.
Talking to Your Family
The most important step after executing healthcare directives is telling your family about them — and specifically telling your healthcare agent where the documents are and what they say. The best legal documents are useless if no one knows they exist. Consider providing copies to your physician, your hospital, and any family members who might be involved in a healthcare crisis.
These conversations may be uncomfortable, but they are an act of love and practicality that will spare your family enormous pain.