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What this state guide covers
A quick view of the questions, practical details and source notes below.
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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.
Ohio health care power of attorney: what Chapter 1337 requires
Ohio calls the instrument a durable power of attorney for health care. Each line below is a complete sentence quoted from Revised Code sections 1337.12, 1337.14 and 1337.17, or a plain summary that says so.
- Signing. “It shall be signed at the end of the instrument by the principal and shall state the date of its execution.” (Ohio Revised Code 1337.12(A)(1)(a))
- Witnesses. “Any person who is related to the principal by blood, marriage, or adoption, any person who is designated as the attorney in fact or alternate attorney in fact in the instrument, the attending physician of the principal, and the administrator of any nursing home in which the principal is receiving care are ineligible to be witnesses.” (Ohio Revised Code 1337.12(B)) At least two adult witnesses are required if you use witnesses.
- Notary instead of witnesses. Summarized, not quoted: instead of witnesses, section 1337.12(C) lets the principal acknowledge the instrument before a notary public, who makes the certification described in section 147.53 and also attests that the principal appears to be of sound mind and not under or subject to duress, fraud, or undue influence.
- Who may be your agent. “Except as otherwise provided in this division, a durable power of attorney for health care may designate any competent adult as the attorney in fact.” (Ohio Revised Code 1337.12(A)(2)) “The attending physician of the principal and an administrator of any nursing home in which the principal is receiving care shall not be designated as an attorney in fact in, or act as an attorney in fact pursuant to, a durable power of attorney for health care.” (Ohio Revised Code 1337.12(A)(2)) Summarized, not quoted: the next sentence of the same division extends the bar to an employee or agent of the attending physician and to an employee or agent of any health care facility in which the principal is being treated, unless that person is a competent adult related to the principal by blood, marriage, or adoption, or a competent adult who belongs to the same religious order as the principal. (Ohio Revised Code 1337.12(A)(2))
- When it takes effect. Summarized, not quoted: under section 1337.13(A)(1) the attorney in fact makes health care decisions only if the instrument authorizes it and only after the principal’s attending physician determines that the principal has lost the capacity to make informed health care decisions. The instrument may let the attorney in fact obtain health information sooner.
- How long it lasts. “A durable power of attorney for health care shall not expire, unless the principal specifies an expiration date in the instrument.” (Ohio Revised Code 1337.12(A)(3))
- How to revoke. “A principal who creates a valid durable power of attorney for health care may revoke that instrument or the designation of the attorney in fact under it.” (Ohio Revised Code 1337.14(A)) “The principal may so revoke at any time and in any manner.” (Ohio Revised Code 1337.14(A)) “Unless the instrument provides otherwise, a valid durable power of attorney for health care revokes a prior, valid durable power of attorney for health care.” (Ohio Revised Code 1337.14(C))
- Printed forms. “A printed form of durable power of attorney for health care may be sold or otherwise distributed in this state for use by adults who are not advised by an attorney.” (Ohio Revised Code 1337.17)
Source: Ohio Revised Code Chapter 1337 (codes.ohio.gov). These pages are general information; the section you rely on has exceptions.
A guided option for your health care power of attorney
Prefer guided questions? Choose Ohio in LawDepot and select the option to appoint someone to make health care decisions. Review the document options and pricing before continuing.
This optional builder prepares the document. You still need to follow the signing requirements above.
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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
Statutes read for this page: 2133.02 (living will) and 1337.12, 1337.13, 1337.14 and 1337.17 (durable power of attorney for health care). Both instruments use 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.