OHIO'S LIVING WILL
What you should know about Living Wills:
A Living Will is a document that allows you to establish, in advance, the type of medical care you would want to receive if you were to become permanently unconscious, or if you were to become terminally ill and unable to tell your physician or family what kind of life-sustaining treatments you want to receive. In addition, the latest edition of the Living Will allows you to specify your wishes regarding anatomical gifts (organ and tissue donation).

A Living Will is used only in situations where you are unable to tell your physician what kind of health care services you want to receive. Before your Living Will goes into effect, you either must be:
(1) terminally ill (see definition as described in the Living Will Declaration Form) and unable to tell your physician your wishes regarding health-care services;
OR
(2) permanently unconscious. To be considered permanently unconscious, two physicians (one of whom must be a medical specialist in an appropriate field) must decide that you have no reasonable possibility of regaining consciousness.

Regardless of your condition, if you were able to speak and tell your physician your wishes about life-prolonging treatments, then the Living Will wouldn't be used — your physician would just talk directly with you about your wishes. A Living Will is used by the physician only if you are unable to tell him or her what you want to be done.

A Living Will gives your physician the authority to withhold all life-sustaining treatment and permit you to die naturally and take no action to postpone your death, providing you with only that care necessary to make you comfortable and relieve your pain. This may include writing a DNR Order or withdrawing life-sustaining treatment such as CPR.

Such “comfort care” also may include removing nutrition and hydration (food and water) that is administered through feeding tubes or intravenously. If you wish to give your physician this authority if you become permanently unconscious, there is a space on the Living Will form that you must initial. If you want nutrition and hydration to be continued, regardless of the circumstances, don't initial this space.

A Living Will can be honored only if your attending physician and others know about it. It is important to let your physician and your family and friends know that you have a Living Will before you become ill. After all, a Living Will can't be enforced if people don't know that it exists. In fact, it is a good idea for you to give your attending physician a copy of your Living Will. It also is important to give copies to family and friends so that, if necessary, they can advise your physician that you have a Living Will. In addition, it is important that you notify a health care facility that you have a Living Will when you are admitted as a patient. Please note: You do not have to go to court to put your Living Will into effect.

Once the decision to withhold life-sustaining treatment is made, your physician must make a reasonable effort to notify the person or persons you designate in your Living Will or your closest family member.

The law allows your family members to challenge a physician's determination that you have a terminal illness or that you are in a permanently unconscious state. This challenge is limited in nature and may be made only by your closest relatives. The law does not, however, allow your family members to challenge your own legally-documented decision not to be resuscitated.

If you have both a Living Will and a Health Care Power of Attorney, the physician must comply with the wishes you state in your Living Will. In other words, your Living Will takes precedence over your Health Care Power of Attorney. There is a space on the Living Will form that you may check to let your physician and family and friends know that you have a Health Care Power of Attorney.

You can revoke your Living Will at any time. You can do this by simply telling your physician and family that you have changed your mind and wish to revoke your Living Will. It is a good idea to ask anyone who has a copy of the document to return it to you.

How to fill out the Living Will form:
You should use this form to let your physician and your family know what kind of life-sustaining treatments you want to receive if you become terminally ill or permanently unconscious and are unable to express your wishes.
NOTE:
1. Read over all information carefully. Definitions are included as part of the form.

2. On the first two lines of the form, print your full name and birth date.

3. On the fourth page of the form, written in bold type face under Special Instructions is the statement that will give your physician permission to withhold food and fluids in the event you are permanently unconscious. If you want to give your physician permission to withhold food and water in this situation, then you must place your initials on the line indicated in number 3.

4. The next section of the form (immediately below the Special Instructions) provides space for you to list the
names, addresses and phone numbers of the contacts (usually family members and close friends) that you
want your physician to notify when the Living Will goes into effect. Remember, the Living Will goes into effect only when you are terminally ill or permanently unconscious and you cannot express your own wishes about the health care you receive.

5. Following the “Anatomical Gift section” is a space to check whether or not you have completed a Health Care Power of Attorney. Immediately below this space is a place for you to date and sign the form. Remember, the Living Will is not considered valid or effective unless you do one of the following:
• First Option: Date and sign the Living Will in the presence of two witnesses, who also must sign and include their addresses and indicate the date of their signatures.
OR
• Second Option: Date and sign the Living Will in the presence of a notary public and have the Living Will
notarized on the appropriate space provided on the form.

The following people may not serve as a witness to your Living Will:
• Anyone related to you by blood, marriage or adoption (this includes your husband, wife and/or your children);
• Your attending physician;
• If you are in a nursing home, the administrator of the nursing home.
Please note: Episcopal Retirement Homes does not allow any employees of the organization to witness a Living Will.

6. Once you have filled out the Living Will and either signed it in the presence of witnesses or in the presence of a notary public, then it is a good idea to give a copy to your personal physician and any contacts you have listed in the Living Will. In some Ohio counties, people may be able to register their Living Wills with the county recorder. However, it is important to keep in mind that a registered Living Will form becomes a
public record.

Quick Links to Planning Ahead:
Entire Booklet (.pdf)
Ohio's Living Will
Health Care Power of Attorney
Preparing your Funeral Service
Preparing and Updating your Will
Financial Planning and Powers of Attorney

Disclaimer:
This booklet is purely informational. Episcopal Retirement Homes is not engaged in offering legal or medical advise. We urge you to consult your own financial planner, attorney and physician for those issues specific to your situation.

The consequences of a charitable gift depend in significant part on each donor's particular circumstance. This general discussion of ways to give does not address every issue, nor does it take into consideration the type of assets you have, your individual tax situation or your estate and gift tax planning objectives. You are most strongly urged to consult your tax and estate planning advisors.