Know Your Ohio Health Care Directives

The 3 Ohio Health Care Documents You Need To Know

When it comes to health care directives in the state of Ohio, there are a few different documents that sometimes work together and sometimes supersede the others. It is important to be aware of these documents and understand the distinctions between them. In Ohio, the documents to be familiar with are as follow:

1. Durable power of attorney for health care;
2. Living will; and
3. A do not resuscitate order (DNR).

DURABLE POA FOR HEALTH CARE

A durable power of attorney  for health care  authorizes another individual as your attorney in fact to make health care decisions for you at any time that you are not able to make informed health care decisions for yourself.  They are to make decisions consistent with those wishes previously made by you and known to them. In a durable power of attorney for health care, you can grant them permission to consent to the issuance of a DNR order by your physician, precluding cardiopulmonary resuscitation (CPR).

LIVING WILL

A health care power of attorney is superceded by a living will  which is your own written declaration that you do not want life support if you are permanently unconscious or terminally ill (as determined by your attending physician and at least one other physician), and it is not improving your condition or easing your pain and doing nothing more than prolonging your life. In your living will, you can authorize your physician to issue a do not resuscitate order (DNR) if you become terminally ill or permanently unconscious.

A DO NOT RESUSITATE ORDER (DNR)

A do not resuscitate order(DNR) is an order issued by a physician after consultation with a patient regarding resuscitation in end of life situations. There are two types: one is DNR comfort care and the other is DNR comfort care-arrest. DNR comfort care becomes effective immediately when issued and states that no CPR is to be performed and no airway adjunct inserted. DNR comfort care-arrest provides the same but is only to become effective at the point of cardiac arrest.

With respect to any conflicts, Ohio Administrative Code Section 3701-62-10 gives guidance. To the extent that a conflict exists between a valid durable power of health care and a valid living will, the living will supercedes the durable power of attorney for health care. A DNR identification based upon a valid DNR order  to which the principal consented supercedes the authority of a durable power of attorney for health care. The authority of a durable power of attorney for health care supercedes DNR identification that is based upon a DNR order to which the agent named in the durable power of attorney for health care previously consented.

To the extent that there is a conflict between DNR identification based upon a previously executed living will and a more recent living will, the most recent living will supercedes the previous DNR identification and living will. To the extent that a conflict exists between a DNR identification based upon a valid DNR order to which the principal consented and a valid living will, the more recent document prevails.

CONCLUSION

Understanding both the importance and implications of Ohio health care documents is very important in a well-drawn estate plan. Should you have any questions about potential conflicts, they should be discussed with an estate planning professional in conjunction with your primary physician.

Need Estate Planning Documents? Schedule An Appointment:

At Holzfaster, Cecil, McKnight & Mues, located in Dayton, Ohio, top-notch estate planning doesn’t need to be complicated or expensive! To learn more, go to our website at www.hcmmlaw.com. Or, please contact us at 937 293-2141 to schedule an appointment for an initial consultation which can be conducted either by phone, Zoom, or in person.

Tell Us About Your Case.
Please consider joining or following us!

• 
• 
• 
• 
• 

© 2022, Ohio Family Law Blog. All rights reserved.