What is an Ohio Medical Power Attorney?

A Medical Power of Attorney, also known as a durable power of attorney for health care, is a legal document that enables a principal to name a trusted person, known as the attorney-in-fact, to make medical decisions on their behalf in the event of incapacity. The attending physician must first provide a written declaration of the principal's incapacity. Once this declaration is made, the attorney-in-fact is authorized to make healthcare decisions on behalf of the principal.

Ohio Revised Code Sections 1337.13 and 1337.16 guide what acting in a person's best interests regarding health care decisions entails. An attorney-in-fact can only make health care decisions for a principal if the following conditions are met:

• The document complies with section 1337.12 of the Ohio Revised Code
• The document specifically authorizes the attorney-in-fact to make healthcare decisions
• To appoint an attorney-in-fact, the principal must be mentally capable of making informed decisions.
• The principal must not be subject to coercion or duress when designating an attorney-in-fact.
• The principal's attending physician determines that the principal can't make informed healthcare decisions.
• The attorney-in-fact must agree to act in the principal's best interest and understand the implications of their decisions.
• The principal must understand the gravity of appointing someone as their Medical Power of Attorney in Ohio.
• The appointment must be formally documented and signed before two adult witnesses, not related to them by marriage or blood.

Why Would You Need a Medical Power of Attorney in Ohio?

A durable power of attorney for health care empowers Ohio residents to implicitly choose someone they trust to make medical decisions on their behalf if they cannot do so themselves. This protects their right to bodily autonomy and ensures their healthcare preferences are carried out, even in unforeseen situations. A severe car accident or unexpected medical event might leave the principal unable to communicate their decisions. In such a situation, a durable power of attorney for health care ensures someone trustworthy can advocate for them. Moreover, the elderly are susceptible to conditions affecting their decision-making abilities. A durable power of attorney for health care established in advance protects their best interests.

The benefits of a Medical Power of Attorney in Ohio include:

• Having a designated agent eliminates confusion and reduces the pressure on loved ones during an already stressful time.
• A durable power of attorney for health care with clearly defined authority would eliminate the need for a court to appoint a guardian who may not completely understand their principles and preferences.
• A durable power of attorney for health care provides clarity on the principal's wishes regarding life support, palliative care, and organ donation. These highly personal decisions should be made in advance and communicated to a designated agent.
• If family members have differing opinions on their treatment, or a physician's suggestion disagrees with their values, a durable power of attorney for health care empowers the attorney-in-fact to have the final say.
• A durable power of attorney for health care may be necessary during admitting processes and decision-making protocols of nursing homes or long-term care institutions.

The risks of not designating a Medical Power of Attorney are:

• In the absence of a valid durable power of attorney for health care, the principal may face delays in receiving required medical treatment.
• Without a durable power of attorney for health care, the principal may be unable to communicate and enforce their wishes for medical care. This may result in the provision of medical treatments that contradict the principal's ideas, values, or previous directives.
• Without a durable power of attorney for health care, family members often differ on important medical decisions. Such disagreements may grow to the point where a court must intervene.
• Without a durable power of attorney for health care, the family is responsible for the court-appointed guardianship procedure and any legal expenses that may arise.
• A durable power of attorney for health care may provide an agent permission to participate in experimental therapies or clinical trials that may provide important chances for the principal's care.
• If the principal becomes terminally ill, a durable power of attorney for health care is necessary to authorize an agent to make decisions on medical care, pain relief administration, and the option to discontinue life-sustaining treatment.

When does your medical POA take effect in Ohio?

In Ohio, a durable power of attorney for health care becomes effective upon execution with all necessary signatures and witnesses, as outlined in Ohio Revised Code Sections 1337.12 and 1337.13. However, the authority of the designated attorney-in-fact to make healthcare decisions on behalf of the principal commences only when the principal's attending physician determines in writing that the principal has lost the capacity to make informed healthcare decisions for themselves. A durable power of attorney for health care allows the attorney-in-fact to access medical records and gather protected health information immediately upon execution. This authorization takes effect regardless of capacity.

Under Ohio Revised Code Section 1337.14, a valid durable power of attorney for health care is terminated when:

• The durable power of attorney for health care terminates upon the principal's passing.
• The principal may revoke the durable power of attorney for health care and the designation of their agent at any time, provided they can make healthcare decisions. Revocation can be done orally, in writing, or by any other act demonstrating the principal's intent to revoke.
• If the principal specified an expiration date in the document, the durable power of attorney for health care terminates on that date.
• The durable power of attorney for health care terminates if the designated agent becomes incapacitated, resigns, or cannot fulfill their duties.
• A court may remove an agent from the appointed role for specific reasons, such as a breach of fiduciary duty or conflict of interest.

Under Ohio law, a principal may choose commencement and termination dates for a Health Care Power of Attorney. The document should clearly express the principal's wishes regarding when the power of attorney takes effect and when it ends. Ohio law presumes a principal is mentally capable of making healthcare decisions unless determined otherwise by the attending physician.

When establishing these dates, the following issues are to be considered:

• The Health Care Power of Attorney may become effective upon execution.
• The Health Care Power of Attorney may become effective when a physician determines the principal cannot make informed healthcare decisions.
• The principal could designate a specific date on which the Health Care Power of Attorney will become active.
• The Health Care Power of Attorney could take effect upon a particular event, as defined by the principal.
• The principal could set a date on which the Health Care Power of Attorney terminates.
• When there is no specific termination date, the Health Care Power of Attorney would remain in effect unless the principal revokes it in writing or is deceased.

Even if there is a specified duration, the Medical Power of Attorney will only be effective in the following circumstances:

• A principal may withdraw a durable power of attorney for health care or Designation of Health Care Surrogate at any time while in good health. They may make these decisions orally or in writing to the agent or healthcare practitioner.
• If the principal is deemed incompetent at the time, the agent's responsibility continues beyond the expiration date unless the agreement states otherwise. Qualified professionals establish the principal's capacity in accordance with state law.
• When the principal dies, the designation of healthcare surrogate is no longer valid.
• There are various scenarios under which the primary may terminate their healthcare surrogate's designation early. These include a breakdown in relationships or indications that the agent is no longer qualified for the role.

How to Get Medical Power of Attorney in Ohio

Ohio law outlines specific requirements for designating a healthcare surrogate. Both the principal and the agent must be legally competent adults. This means they must understand the implications of the decision. Additionally, this designation must be made in writing.

Although not compulsory, the state of Ohio does have a form for durable power of attorney for health care. To make the document binding, the principal must sign before at least two witnesses. For added protection, they can also have the document notarized. At least one witness cannot be the named agent, a spouse, or a blood relative of the principal.

While Ohio law does not mandate the services of an attorney when creating a durable power of attorney for health care, it is strongly advised to seek legal counsel. A well-drafted, durable power of attorney for health care guarantees that Ohio's legal obligations are met while addressing any future issues.

While legal expenses for creating a durable power of attorney for health care normally start around $200, the cost might vary depending on the complexity, attorney competence, and location. Notary fees, consultations, and possibly travel costs are all possible additional costs.

There are various resources available to Ohio residents who want to create a durable power of attorney for health care. These include:

• Many websites provide free templates and assistance related to Ohio's durable power of attorney for health care rules. These are great for principals to start their search.
• An attorney can create a comprehensive, durable power of attorney for health care that addresses their individual requirements and concerns. The attorney may also guarantee that the documentation meets all Ohio legal standards.
• The state of Ohio offers materials to assist principals in establishing a legally enforceable durable power of attorney for health care.
• Some Ohio communities may have free legal clinics where principals could get assistance with such legal documents as a durable power of attorney for health care.

How to Write Medical Power of Attorney in Ohio

To be legal and enforceable, a medical power of attorney form must follow the requirements in Chapter 1337 of the Ohio Revised Code. While not required, Ohio has a statutory form that serves as a good template for streamlining the process and ensuring all key items are included.

For this document to be legally enforceable, it must have the following:

• Full name, address, and other identifying information for the principal.
• Full name, address, and other identifying information for the healthcare attorney-in-fact.
• A precise statement about when the power of attorney takes effect.
• A summary of the precise healthcare choices that the agent is authorized to make on the principal's behalf.
• The principal must sign the document while they are competent to do so.
• Two adult witnesses must sign, with at least one witness not connected to the principal by blood or marriage.
• An Ohio notary public must attest to the document.

Upon completion, the following should receive copies of a newly completed durable power of attorney for health care:

• Designated health care agent
• Primary healthcare providers
• Hospitals and regular medical facilities
• Relevant family members or trusted individuals

After signing the Health Care Power of Attorney, it's important to store the original document in a secure but easily accessible place. This will ensure it's available when needed in case of a medical emergency. While not required in Ohio, principals may also consider providing a copy to their doctors or filing it with their local health department for easier access by healthcare providers.

How Often must I update my Medical Power of Attorney?

With respect to updating a Healthcare Power of Attorney, Ohio law allows for some flexibility. According to the Ohio Revised Code, this document has no mandated expiry date or update interval. As a result, a principal with the necessary mental ability is authorized to make such decisions.

While it is not mandated by Ohio law, principals are highly advised to review and renew their durable power of attorney for health care every few years or when significant life events occur. The durable power of attorney for health care isn't a static document. Significant events, such as marriage, divorce, or a severe medical diagnosis, might affect healthcare choices and demand updates to the durable power of attorney for healthcare.

Here are the situations when changing your durable power of attorney for health care is recommended:

• If the principal and their attorney-in-fact or surrogate strongly disagree, it is critical to choose a new agent who shares their beliefs and healthcare choices.
• In Ohio, divorce immediately revokes a former spouse's status as an attorney-in-fact. The principal must sign a new durable power of attorney for health care designating a different person.
• A serious health diagnosis may compel principals to add extra instructions or limits to their durable power of attorney for health care.
• If they relocate to another state, principals must examine their durable power of attorney for health care and maybe sign a new one. Healthcare legislation and forms might differ by state. A new durable power of attorney for health care that is consistent with the new state of residency will ensure that medical practitioners understand and follow their instructions.
• Principals should consider replacing their appointed attorney-in-fact if they become unavailable, unable, or unwilling to perform their duties.
• Any investigation, imprisonment, or ethical questions about the agent may force the appointment of a new, trustworthy person.

Who Should be Selected as the Agent for this type of Power of Attorney?

Designating an attorney-in-fact in the durable power of attorney for health care is an important decision under Ohio Revised Code Sections 1337.11 to 1337.17. This person must be carefully chosen since they will be in charge of carrying out the principal’s medical requests. When making healthcare decisions, the agent must put aside any personal opinions or possible conflicts of interest. Even in emotionally stressful situations, the attorney-in-fact should be able to understand medical information, assess treatment alternatives, and make informed decisions.

Who Can Be an Agent?

According to Ohio law, the agent or attorney-in-fact must be above the age of 18. However, an emancipated minor may also be nominated. The Principal should choose someone they can completely trust, and such a person should have the ability to make critical healthcare choices on their behalf. If they choose a healthcare professional as their attorney-in-fact, that person cannot also function as their physician. They need to choose one or the other.

Can there be More than One Agent?

According to the law, the principal may appoint two or more people to act as co-agents under their medical power of attorney. The designation should specify whether the co-agents are expected to make decisions together or may act independently. Without such express instructions, the law assumes that each coagent has autonomous decision-making power.

The advantages of designating more than one agent are:

• Having multiple agents ensures that a trustworthy person is always available to make decisions on behalf of the principal if one is absent.
• Having multiple agents might confer the benefit of a greater variety of expertise, opinions, and ideas.
• Having numerous agents may stimulate conversations and foster high-quality decision-making.

The disadvantages of designating more than one agent are:

• Designating multiple agents increases the likelihood of disagreements. Such disagreements can lead to delayed treatment.
• Disagreements between loved ones and family members may strain relationships within the family, causing more harm.
• If irreconcilable disputes arise between authorized agents, the court may need to intervene to settle the issue by appointing a guardian. This increases legal fees and delays and may go against the principal's desires.

Principals should consider the following guidelines when designating multiple agents for their Medical Power of Attorney in Ohio:

• Unless otherwise indicated in the designation documents, the agents have concurrent authority.
• Each agent may act independently on the principal's health care.
• Principals may authorize agents to act in a certain order or sequence. The principal-agent decides unless they are unavailable or unwilling.
• If the principal picks a couple, they should also select someone else as a backup.
• Principals should determine whether to give agents extensive control over all healthcare choices or to restrict their authority to certain situations and procedures.

What Decision-Making Power does the Medical Power of Attorney grant the agent?

In Ohio, a medical power of attorney enables the Principal to appoint a surrogate to make medical decisions on their behalf if they cannot do it themselves.

The designated surrogate may make decisions on behalf of the principal on the following issues:

• Access to copies of the principal's medical information, including those protected by health insurance (HIPAA), and make informed decisions on behalf of the principal.
• The healthcare surrogate's choices to give, withhold, or withdraw permission for medical procedures such as surgery, diagnoses, medications, and life-sustaining treatments are guided by the Principal's best interests or preferences.
• They consult with doctors and other healthcare experts regarding diagnostic and treatment options. They also authorize hospital admissions and transfers.

These restrictions apply while choosing a surrogate unless otherwise indicated:

• In Ohio, an individual choosing to end a pregnancy is legally in charge. Unless there is strong and persuasive evidence to the contrary, a healthcare surrogate cannot make this decision.
• Ohio law supports a person's right to decline life support.
• A healthcare agent or surrogate cannot begin mental health treatments unless they satisfy the legal requirements for an involuntary evaluation.

Can the Ohio Medical Power of Attorney be revoked?

If a principal is healthy and sound in mind, they can amend or revoke a medical power of attorney they have executed in Ohio at any time.

They can do so by following this procedure:

• Writing out their intention to cancel the power of attorney and signing and dating it.
• Creating a fresh power of attorney that replaces the old one.
• Notifying the agent designated as the recipient of the prior Medical Power of Attorney of the revocation.
• Destroying the Medical Power of Attorney paper physically.
• In Ohio, the designation of a former spouse as an agent under a Medical Power of Attorney is immediately revoked by a divorce.

How Do I Revoke a Power of Attorney in Ohio?

Life circumstances can necessitate the revocation of a previously executed medical power of attorney (POA). Principals can revoke their Power of Attorney by following this procedure:

• Drafting a clear and concise Health Care Power of Attorney document.
• Principals should include their full name, address, and the original POA document's date of execution.
• Principals should explicitly state their intention to revoke the previously granted power of attorney.
• Ohio law does not mandate the notarization of a medical POA revocation, but it's strongly recommended. Principals may sign the revocation in the presence of two adult witnesses as an alternative to notarization.
• They should deliver a copy of the revocation document to the former agent, their healthcare providers, and any other individuals with a copy of the original POA.
• While not required in Ohio, principals may consider recording the revocation with their county's recorder of deeds if they originally recorded the POA.
• To avoid confusion and misuse, principals should physically destroy all copies of the original power of attorney document.

Under Ohio law, third parties are generally not obligated to honor a modified or revoked healthcare power of attorney unless they have received notice of the change. Proper revocation is critical to ensure compliance and protect the principal's wishes. According to Ohio Revised Code section 1337.16, the principal may revoke the healthcare POA by expressing this intent orally or in writing to the agent or relevant healthcare providers. To ensure enforceability, the principal should provide direct notice of the revocation to healthcare providers, institutions, or other individuals who relied on the previous healthcare POA.