A Living Will is a written statement in which a person declares whether they want, under certain circumstances, to have life-sustaining treatment withheld or withdrawn. In Ohio, a Living Will is effective only when a person is:
• In a terminal condition and death is imminent, or
• Permanently unconscious
A common misconception about Living Wills is that they are the same as, or take the place of, a Testamentary Will. A Testamentary Will transfers your estate after your death. In contrast, a Living Will deals only with the issue of life sustaining support while you are alive. Living Wills are also different from Durable Powers of Attorney for Health Care (DPOA HC). A DPOA HC is a document wherein you give someone else the authority to make a health care decision for you in the event you are unable to make it yourself. A DPOA HC allows your named agent to make a health care decision anytime you cannot. In contrast, a Living Will is your instruction to the doctor or hospital in advance of ever being permanently unconscious or in a terminally ill condition. A copy of all your Wills and DPOA HC should be provided to a close family member, your attorney and your primary care physician should be aware you have executed a DPOA HC and Living Will.