Free Ohio Living Will Form

The document gives your physicians clear instructions when you cannot give them in person, and it can be created alongside a Medical Power of Attorney that names someone you trust to make health care decisions for you.

Once you sign it, give a copy to your physician and to family or friends you trust, so they know where to find it and what it says.

Signing Requirements and Laws

Ohio law sets specific rules for signing and witnessing your living will form, sometimes called an advance directive. You, or someone signing at your direction, must sign and date the declaration, and then either have it witnessed by two qualifying adults or acknowledged before a notary.^[1] If you have two witnesses who meet the requirements below, a notary is not needed.

If you choose witnesses instead of a notary, they must be present when you, or someone signing at your direction, sign the declaration.^[1] Each witness must be:

• An adult who is not related to you by blood, marriage, or adoption.^[1]
• Someone who is not your attending physician.^[1]
• Someone who is not the administrator of the nursing home where you are receiving care.^[1]

The living will portion of the form covers your treatment wishes. The Medical Power of Attorney portion, further along in the same form, lets you name someone to make health care decisions for you on topics the living will does not cover. You can complete either part on its own, or both together.

After signing, give a copy to your physician and to relatives or friends you trust, so they are aware of your wishes.

If you are pregnant, life-sustaining treatment may not be withheld or withdrawn under your declaration where that would end the pregnancy, unless your attending physician and one other examining physician determine that the fetus would not be born alive (R.C. 2133.06(B)).^[2]

Your declaration applies when you are in a terminal condition, a permanently unconscious state, or either, as the declaration itself specifies (R.C. 2133.02(A)(2)).^[1]

Ohio Living Will Form Details

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How to Fill Out the Ohio Living Will Form

This Ohio living will form is combined with a Medical Power of Attorney, so the steps below cover both parts. Complete the declaration first, initial your treatment choices, then name a health care agent before you sign in front of two witnesses. Each step below names the part of the form it covers.

You can download the form as a PDF file or open it in your browser to start filling it out immediately. For more efficiency, use our convenient Online Forms Building Software to fill out the Ohio Living Will form.

1. Read the general information (p. 1). Read the explanation of the document and of your agent’s powers before you fill in any fields.
2. Complete the declaration heading (p. 2). Enter the date and your full name and residence address.
   
3. Initial your treatment and end-of-life choices (pp. 2-3). Initial each numbered treatment-refusal and end-of-life condition that matches your wishes.
4. Add additional instructions (p. 3, optional). If you have any special instructions, state them here, or write «None» if you do not have any.
   
5. Name your health care agent (p. 3). Enter your agent’s name, address, and phone number under the Medical Power of Attorney section.
6. Name a substitute agent (p. 4, optional). Add a backup agent’s name, address, and phone number in case your first choice is unable or unwilling to serve.
7. Review the powers granted to your agent (p. 4). The form lists the specific health care powers, lettered A through J, that your agent will hold. No entries are required here.
8. Review when the Medical Power of Attorney takes effect (p. 6). This section explains when your agent’s authority begins, generally once you can no longer make your own health care decisions.
9. Review the remaining provisions (p. 7). These items cover records access, ratification, a nominated conservator, and how you can revoke the document later.
10. Sign and date the declaration (p. 8). Sign and date the “In Witness Whereof” line and write your name clearly.
    
11. Have two witnesses complete the Witness Acknowledgment (p. 8). Each witness writes their name and address, then signs and dates the acknowledgment, confirming that you appeared to sign willingly and free from duress.

If you have both a valid durable power of attorney for health care and a valid declaration, the declaration controls to the extent they conflict while you are in a terminal condition or permanently unconscious (R.C. 2133.03(B)(2)).^[3]

Common Mistakes to Avoid

Most problems with an Ohio living will are avoidable with a careful review before you sign. Watch for these common issues, which can leave your wishes unclear or the document technically invalid.

• Signing before your witnesses, or your notary, are present with you, instead of all together.^[1]
• Choosing a witness who does not qualify, such as a relative or your attending physician.
• Leaving the additional instructions section blank when you meant to add a note, instead of writing “None”.
• Keeping the only signed copy at home instead of sharing one with your physician and family.
• Not reviewing the document again after a major life change, such as a new diagnosis or a move.

Other Ohio Forms
Various other major Ohio forms readily available for download here and that can be modified in our hassle-free document constructor.

Ohio Last Will Ohio Small Estate Affidavit Ohio Bill of Sale Ohio Power of Attorney Ohio Rental Lease Agreement Ohio Eviction Notice Ohio Promissory Note Ohio Non-compete Agreement Ohio Prenuptial Agreement Ohio LLC Operating Agreement Ohio Marital Settlement (Divorce) Agreement

Frequently Asked Questions

What Are the Requirements for a Living Will in Ohio?

You create a valid Ohio living will by signing the declaration yourself, or having another person sign it at your direction, and then either having it witnessed by two adults or acknowledged before a notary public. By signing, each witness confirms that you appeared to be of sound mind and signing willingly, free from duress, fraud, or undue influence.^[1]

General information, not legal or tax advice.

Sources

1. Ohio Rev. Code Ann. § 2133.02.
2. Ohio Rev. Code Ann. § 2133.06.
3. Ohio Rev. Code Ann. § 2133.03.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.