| What are Advance Directives?
"Advance directive" is
a general term that refers to a person's verbal and written
instructions about future medical care, in the event that
the person becomes unable to
speak for him or herself. Each state regulates the use of advance
directives differently. There are several types of advance
directives available in Ohio: the Living Will, Health Care
Power of Attorney
, Ohio's Do-Not-Resuscitate law, and Organ and Tissue Donation.
The Living Will
This
is a type of advance directive in which a person puts in
writing his or her wishes about life-sustaining treatments
if he or she became permanently unconscious or terminally
ill and unable to communicate. The person must be declared
permanently unconscious
or terminally ill and unable to communicate by two physicians
before the Living
Will becomes effective.
The Health Care Power of Attorney
This is a type of advance directive that
allows a person to appoint someone (an attorney-in-fact)
to make medical decisions for the person in the event that
he or she is unable to do so. The Durable Power of Attorney-Health
Care (DPOA-HC) differs from the Living Will because the attorney-in-fact
appointed
through
a DPOA-HC is
authorized to make medical decisions in any situation when
the person is unable to communicate. It is
not limited to the event of becoming permanently unconscious
or terminally ill and unable to communicate.
Organ and Tissue Donation
Ohio law requires that Living Wills created
after December 15, 2004, must include a person's preferences
about Anatomical Gifts (Organ
and Tissue donation).
The Ohio's Do-Not-Resuscitate Law
Ohio's Do-Not-Resuscitate (DNR) Law
gives individuals the opportunity to exercise their right
to limit care received in emergency situations in special
circumstances. "Special circumstances" include
care received from emergency personnel when 911 is dialed.
The law authorizes a physician to write an order allowing
health care personnel know that a patient does not wish to
be resuscitated in the event of a cardiac arrest (no palpable
pulse) or respiratory arrest (no spontaneous respirations
or the presence of labored breathing).
Declaration for Funeral Arrangements
(Disposition
of Bodily Remains)
This is a declaration
assigning right of
disposition to representative which means an adult or a group
of adults, collectively, to whom a declarant has assigned
the right of disposition.
Declaration for Mental Health Treatment In
October 2003, a law permitting a Declaration
for Mental Health Treatment became effective. This mental health declaration
allows you to state your own preferences regarding your mental
health treatment and to name a person to make mental health
care decisions for you when you cannot make these important
decisions for yourself. You can name any adult, except your
mental health treatment provider, but it should be a person
that you know and trust, because that person will need to
agree to make decisions for you.
For More Information:
Hospice and Palliative Care Partners of Ohio
Ohio Department of Mental Health
Ohio Legal Rights Service
Ohio State Bar Association
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