What is a Living Will

A Living Will is a health care directive whereby the person making the Living Will (referred to as Declarant) directs a person to take make certain medical decision on their behalf under a very specific set of circumstance. In the State of Ohio, the legal requirements for a valid Living Will are set for in O.R.C. 2133.14.

The purpose of a Living Will is to document your wish that if you are in a permanently unconscious state as determined by a medical doctor then you do not want life sustaining treatment, including artificially or technologically supplied nutrition and hydration to artificially prolong your life. Under Ohio Law, a Living Will Declaration is applicable only to individuals in a terminal condition or a permanently unconscious state.[i]

What is a Terminal Condition

A Terminal Condition means an irreversible, incurable and untreatable condition caused by disease, illness or injury from which, to a reasonable degree of medical certainty as determined in accordance with reasonable medical standards by a declarant's attending physician and one other physician who has examined the declarant, both of the following apply: (1) there can be no recovery and (2) death is likely to occur within a relatively short time if life-sustaining treatment is not administered.

What is a Permanently Unconscious State

Permanently unconscious state means an irreversible condition in which the patient is permanently unaware of himself or herself and surroundings. At least two physicians must examine the patient and agree that the patient has totally lost higher brain function and is unable to suffer or feel pain.

Requirements for a Valid Living Will in Ohio

To create a Living Will the person making the Living Will must be 18 years or older and the signing of the document must be either witnessed by two individuals who are eligible to be witnesses OR the signing of the document has to be notarized. Certain individuals can not serve as witness such as your attending physician, administrator of a nursing home, your Health Care Power of Attorney Agent or alternate agent, the guardian of your estate or anyone related to you by blood, marriage or adoption.[ii]

Living Will is not the same as a DNR Order

A DNR Order (Do Not Resuscitate) is a physician's medical order that is written into a patient's record to indicate that the patient should not receive cardiopulmonary resuscitation. You can request that your doctor authorize a DNR Order but it can ONLY be issued and authorized by your doctor.

A Living Will is an important document that should be a part of your comprehensive estate plan. If you have any questions about this article or Living Wills in general please contact our office.

[i] O.R.C. 2133.03

[ii] O.R.C. 2133.02(B)(1)