Living Wills and
Power of Attorney
- Ohio's two forms

There has been a great deal of media attention recently surrounding Terri Schiavo. It is very likely that if Terri Schiavo had executed a living will, hydration and nutrition would have been withdrawn a long time ago.

In terms of health care decisions, Ohio has two forms: an Ohio Living Will Declaration and an Ohio Health Care Power of Attorney.

The purpose of the Ohio Living Will Declaration is to document your wish that life-sustaining treatment, including artificially or technologically supplied nutrition and hydration, be withheld or withdrawn if you are unable to make informed medical decisions and are in a terminal condition or in a permanently unconscious state.

A "permanently unconscious state" means an irreversible condition in which you are permanently unaware of yourself and your surroundings. Your physician and one other physician must examine you and agree that the total loss of higher brain function has left you unable to feel pain or suffering.

In the Ohio Living Will Declaration, you can specifically authorize your physician to withhold or to withdraw artificially or technologically supplied nutrition or hydration if (1) you are in a permanently unconscious state and (2) you physician and at least one other physician who has examined you have determined, to a reasonable degree of medical certainty, that artifically or technologically supplied nutrition and hydration will not provide comfort to you or relieve your pain.

The purpose of the Ohio Health Care Power of Attorney is to designate an individual (your agent) to make health care decisions for you.

You can also authorized your agent to refuse, or if treatment has commenced, to withdraw consent to, the provision of artifically or technologically supplied nutriation or hydration if (1) you are in a permanently unconscious state and (2) you physician and at least one other physician who has examined you have determined, to a reasonable degree of medical certainty, that artifically or technologically supplied nutrition and hydration will not provide comfort to you or relieve your pain.

If you have completed the Ohio Living Will Declaration and the Ohio Health Care Power of Attorney, your wishes expressed in the Ohio Living Will Declaration will override the decision of your agent under Health Care Power of Attorney.

To learn more about Ohio's health care directives and to obtain copies of the forms, please go to the Ohio Hospice & Palliative Care Organization's website.

Arthur E. Gibbs, III
Hahn Loeser & Parks LLP