Health Care Directives Are Important

The Health Care Power of Attorney and Living Will Declaration are very important documents to include in your Estate Plan.

The Health Care Power of Attorney and Living Will Declaration are commonly referred to as "health care directives" because they "direct" your physician on two important health-care topics: (1) who will make your health care decisions for you if you are unable to make those decisions yourself, and (2) your wishes for life-sustaining treatment.

The purpose of the Health Care Power of Attorney is to appoint someone to make health care decisions for you. It goes into effect only when you are unable to make health care decisions for yourself. A court does not need to declare you incompetent for the Health Care Power of Attorney to take effect. The person you name will make health care decisions for you based on the instructions in your Health Care Power of Attorney, your wishes, and your best interests.

The purpose of the Living Will is to state your wish that your dying not be artificially prolonged. You can declare that you do not want to be given life-sustaining treatment, including food or water, if you are permanently unconscious or in a terminal condition. This does not mean you will not be given comfort care; measures will be taken to relieve your pain or discomfort, but not to postpone your death.

If you are unable to make informed medical decisions, the Living Will is supposed to be honored if you meet the medical criteria. Two physicians must agree that either: (1) you are permanently unaware of yourself and your surroundings, or (2) you cannot recover from an irreversible, incurable and untreatable condition, and death is likely to occur within a relatively short time if you do not receive life-sustaining treatment. If the Living Will is going to be used, your physician will make reasonable efforts to notify one of the persons you list as a "Contact" in your Living Will.

In Ohio, the "State of Ohio Health Care Power of Attorney" and "State of Ohio Living Will Declaration" are widely used and recognized. These forms, drafted by five medical and legal associations, must be completed and signed either before two witnesses or a Notary Public. You can also complete, sign and mail the accompanying Donor Registry Enrollment Form to the Ohio Bureau of Motor Vehicles, if you wish to be an organ donor.

One word of caution, however. No where in the State of Ohio health care directives is there a HIPAA release. Without this release, your Power of Attorney may not be permitted to receive all your personal health information. Therefore, I add an additional instruction in my client’s documents that the person named as the Power of Attorney for Health Care is also authorized to receive all my client’s health information protected under the Health Insurance Portability and Accountability Act ("HIPAA").