Updated August 3, 2026. Quick answer: Ohio calls this instrument living will declaration, durable power of attorney for health care. To execute it you need 2 witnesses — and the state requires witnesses OR a notary — either one. Getting that conjunction wrong is the most common way a directive fails when it is needed.
The execution box
| What the state calls it | living will declaration, durable power of attorney for health care |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | witnesses OR a notary — either one |
| Who may NOT witness | Persons related to the declarant/principal by blood, marriage, or adoption; the attending physician; the administrator of any nursing home in which the declarant/principal is receiving care; and (for HCPOA) the person designated as attorney in fact or alternate attorney in fact. |
| If you are in a care facility | Nursing home administrators are expressly barred from serving as witnesses for both the living will and the health care power of attorney. |
| Authority | Ohio Rev. Code §2133.02 (living will); Ohio Rev. Code §1337.12 (durable power of attorney for health care) |
What the statute says
a declaration shall be witnessed by two individuals… who are not related to the declarant by blood, marriage, or adoption, who are not the attending physician of the declarant, and who are not the administrator of any nursing home in which the declarant is receiving care… [or] acknowledged before a notary public
— Ohio Rev. Code §2133.02 (living will); Ohio Rev. Code §1337.12 (durable power of attorney for health care)
The form
The statute refers to a form, but we could not retrieve an official copy to link. Ask your state health department or check the statute itself — many states publish one free. We are not linking a commercial seller in its place.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
Two statutes fetched and cross-checked (2133.02 living will, 1337.12 HCPOA); both confirm the same witness-OR-notary structure.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.