Cleveland Living Will Attorney
Living Will & Advance Directive Representation Across Cuyahoga, Lake, & Lorain Counties
Planning for end-of-life decisions represents one of the most compassionate acts a person can perform for their loved ones. Advance Directives provide a voice during times when a patient cannot speak for themselves. In Ohio, the "Living Will" serves as a specific statutory document that directs end-of-life decision-making, sparing family members the agonizing burden of guessing wishes during a medical crisis. Clear, compliant documentation establishes values regarding life-sustaining treatment, making them immediately accessible to medical providers.
Law Offices of Daniel McGowan, LLC helps clients navigate the critical distinction between these instruments. While many assume a "Health Care Power of Attorney" covers every scenario, Ohio law grants the Living Will supremacy in specific end-of-life situations. We coordinate both documents to function in harmony, creating a comprehensive medical care plan that operates seamlessly when needed most.
To establish a Health Care Power of Attorney or Living Will, call (216) 616-7592 or contact us online to speak with an estate planning attorney in Cleveland today.
The Ohio Living Will Declaration
A Living Will in Ohio is governed by ORC Chapter 2133.
It becomes effective only when two requirements are met:
- The patient is unable to make informed medical decisions, and
- The patient is in a "Terminal Condition" or a "Permanently Unconscious State" as determined by two physicians.
It is a narrow but powerful document.
We can guide you through the specific declarations required by the statute. This includes your decisions regarding the administration of CPR, the use of ventilators, and the administration of artificially supplied nutrition and hydration (feeding tubes).
Because Ohio law requires a separate authorization for the withdrawal of nutrition and hydration, we can complete this section according to your specific wishes to prevent ambiguity that could lead to disputes with hospital ethics committees.
Health Care Power of Attorney
Ideally, a Living Will never needs to be used. For other medical situations where you are temporarily incapacitated but not terminally ill, the Health Care Power of Attorney (HCPOA) applies. This document appoints an “Agent” to make medical decisions on your behalf. We assist with selecting appropriate primary and alternate agents and defining the scope of their authority.
We also address the “Conflict Rule” in Ohio law: if you have both a Living Will and an HCPOA, the Living Will generally overrides the Agent’s authority regarding end-of-life decisions if you are permanently unconscious. We can draft these documents to modify this default if you prefer your Agent to have the final say, confirming that the documents reflect your personal philosophy rather than the state’s default provisions.