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OHIO LEGAL INFORMATION
Living Will (Advanced Medical Directive)-- Links and Statutes
Selected Ohio Statutes
- 1337.09 Durable power of attorney.
(A) Whenever a principal designates another as attorney in fact by a power of attorney in writing and the writing contains the words "This power of attorney shall not be affected by disability of the principal," "this power of attorney shall not be affected by disability of the principal or lapse of time," or words of similar import, the authority of the attorney in fact is exercisable by the attorney in fact as provided in the written instrument notwithstanding the later disability, incapacity, or adjudged incompetency of the principal and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
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- 1337.092 Personal liability.
(A) If an attorney in fact enters into a contract in the representative capacity of the attorney in fact, if the contract is within the authority of the attorney in fact, and if the attorney in fact discloses in the contract that it is being entered into in the representative capacity of the attorney in fact, the attorney in fact is not personally liable on the contract, unless the contract otherwise specifies. If the words or initialism "attorney in fact," "as attorney in fact," "AIF," "power of attorney," "POA," or any other word or words or initialism indicating representative capacity as an attorney in fact are included in a contract following the name or signature of an attorney in fact, the inclusion is sufficient disclosure for purposes of this division that the contract is being entered into in the attorney in fact’s representative capacity as attorney in fact.
(B) An attorney in fact is not personally liable for a debt of the attorney in fact's principal, unless one or more of the following applies:
- The attorney in fact agrees to be personally responsible for the debt.
- The debt was incurred for the support of the principal, and the attorney in fact is liable for that debt because of another legal relationship that gives rise to or results in a duty of support relative to the principal.
- The negligence of the attorney in fact gave rise to or resulted in the debt.
- An act of the attorney in fact that was beyond the attorney in fact’s authority gave rise to or resulted in the debt.
- An agreement to assist in the recovery of funds under section 169.13 of the Revised Code was the subject of the power of attorney that gave rise to or resulted in the debt.
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Witnesses: Two witnesses OR a notary are necessary to the signature of the maker;
Who may be a witness? Ohio law provides the following regarding witnesses and notaries to a Living Will: "No person who is related to you by blood, marriage, or adoption may be a witness. The attorney in fact, your attending physician, and the administrator of any nursing home in which you are receiving care also are ineligible to be witnesses." Ohio Revised Code, § 1337.12.
Notary: There is no express provision in the Ohio statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;
Must health care agent sign form? There is no requirement that a health care agent sign the form;
Ohio Statutes containing living will requirements: See Ohio Code 2133.01, et al.
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