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THE OHIO LIVING WILL AND DURABLE POWER OF ATTORNEY FOR HEALTH CARE
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Will services.
By Douglas R. Jackson
Ohio has two legal documents that every senior citizen should consider
executing - the Living Will and the Durable Power of Attorney for Health
Care. Both have been in the news recently and are sometimes misunderstood.
Ohio's Living Will becomes effective only when an individual is permanently
unconscious or terminally ill. Permanently Unconscious, as defined by
our Statute, means that to a reasonable certainty (1) you are irreversibly
unaware of yourself and your environment and (2) there is total loss of
cerebral cortical functioning, resulting in your inability to experience
pain and suffering. Terminal Condition is defined by Ohio law to mean
that you have irreversible, incurable, and untreatable condition caused
by disease, illness, or injury and which to a reasonable medical certainty
there (1) can be no recovery and (2) death is likely to occur within a
short period of time if life sustaining treatment is not administered.
With a valid and properly executed document, two doctors must agree that
you are dying and beyond any medical help.
Ohio's Durable Power of Attorney for Health Care differs from the Living
Will in the sense that you need not be terminally ill or permanently unconscious
for it to take effect. One simply may not be able to make his own medical
decisions because he or she can not physically communicate their own wishes.
Often, a spouse, relative, or a trusted friend is selected to act on your
behalf. Many times, that person may authorize medical treatment or surgery;
they may also authorize a change in doctors. Anyone may be appointed to
act on your behalf, as long as it is not your doctor or the administrator
of a health care facility in which you are being treated.
Both a Living Will and a Durable Power of Attorney for Health care can
be revoked or changed by you at any time.
The Ohio State Bar Association and the Ohio State Medical Association
have agreed upon the language of both documents. In order for the documents
to be valid, certain language that is specified in the Ohio Revised Code
must be included. Your doctor, hospital, or attorney should be able to
assist you in finding a source for these documents. Once you have these
documents, it is advisable to make executed copies available to family
members and your family doctor. You may even record these documents in
the County Recorder's Office in which you reside.
A number of people are concerned with the issue that once they have a
living will whether or not they can receive medication for pain. The answer
is yes. If cessation of life support mechanisms becomes necessary due
to a worsening condition, persons or family members listed in your living
will must be notified of your desire to stop life support prior to following
your instructions to withdraw life support. If that person does not believe
your living will is legally valid, they may receive an immediate hearing
in probate court to challenge it based on legal grounds. However, by statute,
no one can change or overrule your living will if it was freely signed
and properly executed.
Ohio's Living Will also permits the withholding of nutrition and hydration
if your condition becomes hopeless. This is mostly done by removal of
internal feeding and fluid tubes. If you are permanently unconscious,
as was discussed earlier and certified such by two doctors, your document
needs to expressly state this desire to withhold nutrition and hydration.
A proposal advocated in central Ohio is that all recorded Livings Wills
and Durable Health Care Power of Attorneys be made available to hospitals
via computer link at the time of emergency admission or check in at hospitals.
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