An Ohio (OH) medical power of attorney lets you choose a person you trust to make healthcare decisions on your behalf if you lose the ability to communicate. If you can’t express your healthcare wishes, the person you choose, called your agent, makes sure your doctor (and other healthcare professionals) carry out your treatment as you would have wanted.
In Ohio, a medical power of attorney can also be called an:
- Ohio Health Care Power of Attorney
- Ohio Medical POA
Laws: Title 13, Section 1337.11-17 of the Ohio Revised Code (O.R.C. 1337.11-17) governs the creation and use of medical powers of attorney in Ohio.
Consider creating the following documents in addition to your Ohio medical power of attorney:
- Living Will: This document lets you describe your preferences regarding specific medical treatments. Living wills and medical powers of attorney are both types of advance directives.
- Ohio (Financial) Power of Attorney: This type of power of attorney lets you choose an agent to handle your financial affairs.
The combination of these documents will ensure all aspects of your end-of-life wishes will be carried out if you become unable to communicate.
How to Fill in a Medical Power of Attorney in Ohio
Follow the guidelines below to make sure your medical POA is legally binding according to Title 13, Section 1337.11-17 of the Ohio Revised Code (O.R.C. 1337.11-17), which governs their creation.
Step 1: Choose an agent
Your agent, sometimes called attorney-in-fact, is responsible for your healthcare decisions in the event that you lose the ability to responsibly make or communicate medical decisions.
Who should you choose as an agent?
Your agent must be a competent adult (at least 18 years of age) and should be someone you trust to make medical decisions for you.
Relevant law: O.R.C. 1337.12
Who can’t be your agent?
Your agent can’t be any of the following:
- Your primary care physician
- An administrator of your nursing home
- Any employee of a healthcare facility where you’re receiving care
- Someone employed by your doctor
Relevant law: O.R.C. 1337.12
Can you have more than one agent?
You can select a backup agent, or “alternate attorney in fact” in case the person you choose as your agent is unable to fulfil their duties.
Relevant law: O.R.C. 1337.12
Step 2: Specify what healthcare decisions your agent can make
Think about what decisions you would or wouldn’t want your agent to make on your behalf as you create your document.
Can you limit your agent’s powers?
Yes, you can specify what actions you don’t want your agent to take on your behalf in your medical power of attorney document. If you don’t limit your agent’s powers, they’ll have the right to make most decisions on your behalf and receive information about your health care as if they were you.
For example, your agent has the right to:
- Decide whether you should donate organs and tissues
- Choose a doctor for you
- Discontinue your treatment or medicine
- Pick a care facility for you
Relevant law: O.R.C. 1337.13
What is your agent legally unable to do?
Your agent is legally barred from doing any of the following:
- Refusing or withdrawing life-sustaining treatment if you’re not terminally ill or permanently unconscious
- Refusing or withdrawing treatment intended to alleviate pain or provide you with comfort
- Acting against your wishes
- Acting in any way that’s not in your best interest
Relevant law: O.R.C. 1337.13
When can your agent start making decisions for you?
Your agent can only act on your behalf once your doctor determines you’re incapacitated and can’t responsibly make your own healthcare decisions. If you give permission in your MPOA form, however, your agent can start receiving information about your health care as soon as the document is created.
Relevant law: O.R.C. 1337.13
Step 3: Sign the form
Your medical power of attorney won’t be legally binding unless it’s signed according to Ohio requirements.
Do you need witness or notary signatures?
Yes, your document must either be notarized or signed by two witnesses to be considered legally binding.
Relevant law: O.R.C. 1337.12
Who can’t be a witness?
The following people can’t serve as a witness according to Ohio law:
- Anyone related to you by blood, marriage, or adoption
- Your agent or alternate agent
- Your doctor
- The administrator of the nursing home where you live
Your witnesses must be able to confirm that you signed willingly and in their presence.
Relevant law: O.R.C. 1337.12
How long is your Ohio medical power of attorney effective?
Unless you include an expiration date in your MPOA document, it will remain effective indefinitely until you revoke it.
Relevant law: O.R.C 1337.17
How to Revoke an Ohio Medical Power of Attorney
If you change your mind, you can revoke your Ohio MPOA by taking any of the following actions:
- Creating a written revocation of power of attorney
- Notifying your doctor that you intend to revoke
- Any other action that indicates clear intention to revoke (for example, tearing up the document)
If your doctor knows about your medical power of attorney, the document can only be revoked after you or a witness to the revocation notifies your doctor.
Relevant law: O.R.C 1337.14