Ohio Medical Power of Attorney Lawyers
One important aspect of estate planning that people often delay is making end-of-life decisions and deciding what medical treatments you want or do not want if you become incapacitated. However, it’s never too early to start thinking about these choices and putting your wishes in writing. Doing so not only ensures your healthcare wishes are known and respected but also provides peace of mind for your loved ones, helping avoid confusion and unnecessary stress.
If you’re ready to set up a medical power of attorney as part of your estate planning process, it is highly recommended to contact experienced Ohio medical power of attorney lawyers. At Wolterman Law Office, our attorneys will guide you through every step of creating your healthcare power of attorney and answer all your questions.
What Is a Medical Power of Attorney?
Also called a healthcare power of attorney, a medical power of attorney is a legal document that lets you appoint another person, known as your “agent” or “healthcare proxy,” to make medical decisions on your behalf if you become incapacitated and unable to communicate your wishes. This document only takes effect when you are no longer able to make your own healthcare decisions.
Examples of medical decisions your agent can make include:
- Consenting to or refusing surgeries, vaccines, chemotherapy, and other treatments.
- Authorizing pain relief options such as morphine or fentanyl.
- Choosing healthcare providers and treatment facilities.
- Accessing your medical records to make informed decisions.
- Authorizing life-sustaining care, like feeding tubes or ventilators.
When Does a Medical Power of Attorney Take Effect?
A medical power of attorney only becomes effective if you lose the capacity to understand your medical situation and communicate your wishes. Your physician must determine that you are incapacitated before your agent’s authority begins.
Examples of incapacitation include:
- Being under general anesthesia.
- Suffering a stroke or brain injury that impairs communication.
- Being in a coma or unconscious state after a serious accident.
- Developing Alzheimer’s disease or dementia affecting decision-making abilities.
When Does a Medical Power of Attorney End?
Your medical power of attorney remains valid as long as you are alive unless you revoke it. You can revoke the document anytime by informing your healthcare providers and your agent. Other reasons your medical power of attorney may end include:
- A court invalidates the document due to improper completion or mental capacity questions.
- A court revokes your agent’s authority if there is evidence of wrongdoing.
- Divorce automatically revokes the authority of an ex-spouse named as your agent.
How to Choose the Right Healthcare Agent
Choosing the right person as your healthcare agent is critical. Your agent should be someone you trust to respect your wishes and make difficult decisions on your behalf. Ideally, your healthcare proxy should be:
- Emotionally mature and able to handle stressful situations.
- Responsible and organized in managing medical decisions effectively.
- Assertive when advocating for your care with healthcare providers.
- Available nearby or willing to travel and stay for prolonged periods if needed.
- Willing and able to take on this important responsibility.
Steps to Create a Medical Power of Attorney in Ohio
To establish a legally binding medical power of attorney, follow these steps:
- Obtain the Ohio medical power of attorney form — Ohio has a standardized form for this purpose.
- Choose your healthcare agent carefully and discuss their responsibilities beforehand.
- Specify which medical decisions your agent can make, such as surgeries, long-term care, or end-of-life treatment.
- Sign the form in front of a notary public or two adult witnesses to make it valid.
- Distribute copies of your medical power of attorney to your agent, primary care physician, and estate planning lawyer.
- Store the original form securely in a fireproof safe, safe deposit box, or with your lawyer.
- Review and update your medical power of attorney periodically — every three to five years or when your circumstances change.
What Happens Without a Medical Power of Attorney?
If you do not have a medical power of attorney and become incapacitated, Ohio state law will determine who makes medical decisions for you. While a spouse or close family member may typically be authorized, courts may need to appoint a healthcare agent, which can lead to delays and disagreements. Without a medical power of attorney, your loved ones might face a difficult and time-consuming legal process to access your medical records and make decisions. Working with Ohio medical power of attorney lawyers can help you avoid these complications.
Contact Our Experienced Ohio Medical Power of Attorney Lawyers at Wolterman Law Office for More Information
If you have questions, our Ohio medical power of attorney lawyers at Wolterman Law Office are here to help. We will listen to your healthcare wishes, explain your options, and assist you in creating a medical power of attorney that meets your needs. Schedule your free, confidential consultation today by calling 513-488-1135 or contacting us online. Our office is located in Loveland and Blue Ash, Ohio, serving clients throughout Hamilton County, Fairfield, Norwood, Forest Park, and beyond.