Ohio: Health Care Power of Attorney Requirements

Ohio's medical planning uses two separate documents: a living will (called a
"declaration," under Revised Code Chapter 2133) that states your own end-of-life
wishes, and a durable power of attorney for health care, which names another
adult — your attorney in fact, or agent — to make medical decisions when you
cannot. This page is about the second one. Its rules are in Ohio Revised Code
§§ 1337.11 to 1337.17.

Requirements one by one

Governing law and document

Under § 1337.12(A)(1), "[a]n adult who is of sound mind voluntarily may create a
valid durable power of attorney for health care." Ohio does not publish a single
mandatory form; instead the statute lists the formalities directly. The document
can nominate a guardian and can grant immediate access to your health records even
before it otherwise takes effect, but its core job is to appoint the agent.

Who can sign

The signer must be an adult — "eighteen years of age or older" (§ 1337.11(A)) —
"of sound mind" and acting "voluntarily" (§ 1337.12(A)(1)). Two mechanical points
matter: the document "shall be signed at the end of the instrument by the
principal," and it "shall state the date of its execution" (§ 1337.12(A)(1)(a)).

Witnesses or notary

Ohio gives you a choice: two adult witnesses or a notary. Section
1337.12(A)(1)(b) requires the document to "be witnessed in accordance with
division (B) ... or be acknowledged by the principal in accordance with division
(C)." If you use witnesses, there must be "at least two individuals who are adults"
who are eligible, and each witness signs after watching you sign (or acknowledge
your signature), attesting that you "appear[] to be of sound mind and not under or
subject to duress, fraud, or undue influence" (§ 1337.12(B)). If you use a notary
instead, the notary acknowledges the document and attests to the same (§ 1337.12(C)).

Who can't witness or serve

The witness rules are strict. Under § 1337.12(B), anyone related to you by
blood, marriage, or adoption is ineligible to witness — so both witnesses must
be non-relatives. Also ineligible: the agent or alternate agent, your attending
physician, and the administrator of any nursing home where you are receiving care.

On serving as agent, § 1337.12(A)(2) bars your attending physician and your
nursing home's administrator outright, and bars an employee or agent of your
attending physician or of any facility treating you — "except" where that person
is related to you by blood, marriage, or adoption, or is in the same religious
order.

When the agent can act

The power is springing. Section 1337.13(A)(1) allows the agent to make health
care decisions "only if ... the attending physician of the principal determines
that the principal has lost the capacity to make informed health care decisions."
Until that determination, the agent cannot make treatment decisions (though the
document may grant earlier access to health information).

Agent's powers and limits

This is where Ohio stands out. Once the power is active, the agent may generally
make the decisions you could make yourself, guided by your known desires or best
interest (§ 1337.13(A)). But Ohio withholds several powers unless strict
conditions are met:

• Life-sustaining treatment. The agent cannot refuse or withdraw it "unless
  the principal is in a terminal condition or in a permanently unconscious state"
  and the required physician findings are made (§ 1337.13(B)).
• Comfort care. The agent can never refuse care needed to provide comfort
  (§ 1337.13(C)).
• Nutrition and hydration. The agent cannot refuse artificially administered
  nutrition or hydration unless you are terminal or permanently unconscious — and
  if you are permanently unconscious, only if your document specifically authorized
  it "in capital letters or other conspicuous type" with your initials or signature
  next to that statement (§ 1337.13(E)).
• Pregnancy. The agent cannot make a decision that would terminate a pregnancy
  except in narrow, physician-certified circumstances (§ 1337.13(D)).

How to revoke

Revocation is simple: "at any time and in any manner" (§ 1337.14(A)). It is
effective the moment you express the intent — except that if your attending
physician already knew about the document, the revocation takes effect when it is
communicated to that physician. Signing a new valid durable health care POA also
revokes an earlier one unless the new one says otherwise (§ 1337.14(C)).

Out-of-state directives

Section 1337.16(G) recognizes out-of-state documents: a durable health care POA or
similar instrument "executed under the law of another state" that "substantially
complies with that law or with sections 1337.11 to 1337.17" is "considered to be
valid" in Ohio.

What trips people up

• Both witnesses must be non-relatives — or use a notary. Families often ask a
  spouse or adult child to witness. In Ohio, anyone related to you by blood,
  marriage, or adoption is ineligible (§ 1337.12(B)). If a relative is the only
  person handy, notarize the document instead (§ 1337.12(C)).
• Tube feeding needs special language. For your agent to be able to stop
  artificial nutrition or hydration if you are ever permanently unconscious, the
  document must say so in conspicuous type with your initials next to it — a
  generic grant of "all health care powers" is not enough (§ 1337.13(E)).
• Your agent cannot pull life support just because you are seriously ill. The
  authority to refuse life-sustaining treatment unlocks only when you are terminal
  or permanently unconscious, as determined by physicians (§ 1337.13(B)).
• Divorce does not automatically remove a spouse-agent. Ohio's revocation
  statute lets you revoke at any time (§ 1337.14) but does not cancel a
  spouse-agent by operation of a later divorce. If you divorce, revoke the old
  document and sign a new one.

Common questions

Do I need both witnesses and a notary?
No. Ohio lets you pick one path — two eligible adult witnesses or a notary
(§ 1337.12(A)(1)(b)). Either alone is sufficient.

Can my spouse witness my health care power of attorney?
No. A spouse is related by marriage and is ineligible to witness (§ 1337.12(B)).
Use two unrelated witnesses, or have the document notarized.

Can my agent decide to stop a feeding tube?
Only in limited situations. The agent needs you to be terminal or permanently
unconscious, and for the permanently-unconscious case your document must have
authorized it in conspicuous type with your initials (§ 1337.13(E)).

Will a health care power of attorney I signed in another state work in Ohio?
Yes, if it substantially complies with that state's law or with Ohio's
§§ 1337.11–1337.17 (§ 1337.16(G)).

Statutes and sources

• Ohio Rev. Code § 1337.11 — definitions, including "adult" (18 or older).
  https://codes.ohio.gov/ohio-revised-code/section-1337.11 (accessed 2026-07-16)
• Ohio Rev. Code § 1337.12 — formality of execution: signed and dated at the
  end; two witnesses or a notary; witness and agent eligibility.
  https://codes.ohio.gov/ohio-revised-code/section-1337.12 (accessed 2026-07-16)
• Ohio Rev. Code § 1337.13 — authority of the agent and its limits
  (life-sustaining treatment, comfort care, nutrition and hydration, pregnancy).
  https://codes.ohio.gov/ohio-revised-code/section-1337.13 (accessed 2026-07-16)
• Ohio Rev. Code § 1337.14 — revocation (at any time and in any manner; later
  document revokes earlier).
  https://codes.ohio.gov/ohio-revised-code/section-1337.14 (accessed 2026-07-16)
• Ohio Rev. Code § 1337.16 — duties of health care providers, including
  recognition of an out-of-state durable health care POA (division (G)).
  https://codes.ohio.gov/ohio-revised-code/section-1337.16 (accessed 2026-07-16)