Estate planning encompasses much more than what will happen to your assets when you pass away. It also empowers you to make choices about the healthcare you would like to receive (or not receive) if you cannot make these decisions for yourself. Importantly, there are several types of advance directives that can be used to help ensure your wishes are met in the event of incapacity caused by an accident or illness.

What are the Types of Advance Directives in Ohio?

An advance directive is a legal document that informs your healthcare provider what medical care you want or don’t want if you cannot speak for yourself. These documents can be specifically tailored to reflect your religious, cultural, or philosophical values. They also ensure that your wishes are upheld at the end of life if you are unable to communicate them.

Specifically, there are four types of advance directives that are recognized in Ohio, including the following:

• A durable power of attorney for medical care — A durable power of attorney is the document that allows you to choose the individual you would like to make healthcare decisions on your behalf if you are unable to make them for yourself. The person who you select to make these decisions is called your agent or “attorney-in-fact.” This document can give your agent the authority to start or stop treatments on your behalf, opt for tests and surgeries, determine an assisted care facility, and enroll you in hospice.
• A living will — Not to be confused with a durable power of attorney for medical care, a living will is a type of advance directive that lists your wishes for medical treatment if you will not be able to recover and cannot speak for yourself. It informs doctors what types of end-of-life treatment you want or don’t want, including life-prolonging measures when you are terminally ill. A living will can outline your preferences for life-sustaining treatments, tube feeding, medical intervention, organ donation, and palliative care.
• A declaration for mental health treatment — This document focuses on mental healthcare. It allows you to select a person to make mental health treatment decisions for you if you’re unable to make them for yourself. Your agent would have the authority to decide things like the medication and treatment you would receive.
• A do not resuscitate (DNR) order — A DNR order is a legal document that instructs medical professionals not to perform CPR on you in the event your heart or breathing stops.

Notably, once your advance directives are in place, they are legally binding and cannot be changed without your permission. It’s essential to keep a copy of any types of advance directives you sign for yourself. You should also give a copy to your power of attorney, and to each of your medical providers. Additionally, bring a copy with you any time you go to the hospital.

Choosing an Agent for Your Durable Power of Attorney

Selecting the person who will act as your healthcare agent is critical — and should not be taken lightly. Even if you have all documents in place outlining the care you wish to receive, not all situations can be anticipated in advance. Some circumstances might require someone who can make a judgment about the type of care you would likely want to receive. The person you choose should be someone you trust and feel comfortable discussing your healthcare with. They should also be able to effectively handle conflict and withstand any pressure from others when it comes to ensuring your wishes are met.

When choosing a healthcare agent, make sure that they comply with the legal requirements to serve in this role. For instance, a person who is serving as a healthcare agent must be a competent adult over 18 who is not your attending doctor. They also cannot be an employee of your doctor, hospital, or the facility at which you’re being treated. However, there is an exception for relatives or members of the same religious order who work at a facility where you’re being treated.

Other requirements that must be met to have a valid healthcare power of attorney include not being under duress, fraud, or undue influence at the time of signing. The document could be rendered invalid if it is found that you signed against your will — or you were not of sound mind. The document must also be signed by two witnesses or notarized.

Learn More About the Types of Advance Directives in Ohio

The unexpected can happen at any time, and it’s vital to ensure you have the necessary documents in place to ensure your wishes are met in the event of incapacity. If you are thinking about beginning the estate planning process, it’s best to have a knowledgeable attorney who can guide you through the process. At Middleton Law Offices, we work closely with our clients regarding their estate and incapacity planning matters.

Located in Bowling Green, Middleton Law Offices has been serving clients in Ohio regarding their estate planning matters for more than a century. Contact Middleton Law Offices today at 419.548.0196 for a consultation to learn how we can help.

Articles appearing in this column are intended to provide broad, general information about the law. This article is not intended to be legal advice. Before applying this information to a specific legal problem, readers are urged to seek advice from a licensed attorney.