Ohio Living Will Requirements
Based on Ohio Revised Code Chapter 2133
Quick Summary
- Document type: Living Will Declaration
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Ohio requires 2 witnesses who are present when you sign your living will declaration. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be related to the declarant by blood, marriage, or adoption
- A witness cannot be the attending physician of the declarant
- A witness cannot be the administrator of any nursing home in which the declarant is receiving care
- A witness cannot be the attorney-in-fact (healthcare agent) named in a health care power of attorney
- Witnesses must be adults (18 or older)
When Your Living Will Takes Effect
Your Ohio living will becomes effective when the following conditions are met:
Terminal Illness
An irreversible, incurable, and untreatable condition caused by disease, illness, or injury from which, to a reasonable degree of medical certainty as determined by the attending physician and one other physician, recovery is impossible and death is likely within a relatively short timeframe without life-sustaining treatment.
Persistent Vegetative State
A state of permanent unconsciousness characterized by irreversible unawareness of one's being and environment, and total loss of cerebral cortical functioning, resulting in no capacity to experience pain or suffering.
Irreversible Condition
Ohio does not use "irreversible condition" as a separate triggering condition. The two triggering conditions are terminal condition and permanently unconscious state.
Important Notes for Ohio
- Ohio follows the Modified Uniform Rights of the Terminally Ill Act (ORC Chapter 2133)
- The declarant must choose whether the declaration applies to terminal condition, permanently unconscious state, or both
- Notarization may be used as an alternative to the two-witness requirement
- If notarized instead of witnessed, the notary must also attest that the declarant appears to be of sound mind and not under duress
- Comfort care (measures aimed at diminishing pain without postponing death) is explicitly excluded from life-sustaining treatment
- Two physicians (attending plus one other) must confirm the terminal condition or permanently unconscious state
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.