Health Care Power of Attorney Requirements in Ohio

At a glance

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 to a belief that you appear to be of sound mind and are 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://search-prod.lis.state.oh.us/api/v2/general_assembly_134/legislation/hb110/07_EN/pdf/ (accessed 2026-08-20)
• Ohio Rev. Code § 1337.12 — formality of execution: signed and dated at the end; two witnesses or a notary; witness and agent eligibility. https://search-prod.lis.state.oh.us/api/v2/general_assembly_130/legislation/hb126/05_EN/pdf/ (accessed 2026-08-20)
• Ohio Rev. Code § 1337.13 — authority of the agent and its limits (life-sustaining treatment, comfort care, nutrition and hydration, pregnancy). https://search-prod.lis.state.oh.us/api/v2/general_assembly_131/legislation/hb451/05_EN/pdf/ (accessed 2026-08-20)
• Ohio Rev. Code § 1337.14 — revocation (at any time and in any manner; later document revokes earlier). https://search-prod.lis.state.oh.us/api/v2/general_assembly_125/legislation/hb72/04_EN/pdf/ (accessed 2026-08-20)
• Ohio Rev. Code § 1337.16 — duties of health care providers, including recognition of an out-of-state durable health care POA (division (G)). https://search-prod.lis.state.oh.us/api/v2/general_assembly_122/legislation/sb66/05_EN/pdf/ (accessed 2026-08-20)