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Advance Directives for Mental Health Treatment in Ohio

Standardized Durable Power of Attorney for Health Care Forms

Do I need an attorney to write a durable power of attorney for health care?

The answer to this question depends on the kind of durable power of attorney for health care you want. If one of the standardized durable power of attorney for health care forms meets your needs, then you may complete the form without assistance from an attorney. However, if you have questions about a durable power of attorney for health care you should always ask an attorney for assistance.

If you want a customized durable power of attorney for health care that offers options not addressed on the standardized form, then you should consult an attorney for assistance.

What is a standardized durable power of attorney for health care form?

A standardized durable power of attorney for health care form is one that is pre-printed, and you fill in the blanks, date the form, sign it, and have your signature notarized or witnessed by people who satisfy the legal requirements to be a witness or notary.

What standardized forms are available in Ohio?

The most common form is the one approved by the Ohio State Medical Association (OSMA) and the Ohio State Bar Association (OSBA). This form is easily identifiable because it bears the logos of these two associations in the top corners of page one. This form is the shortest and most basic durable power of attorney for health care form. On this form you name the agent you want to make your medical and mental health care decisions. However, you may not give your agent written instructions about your mental health care treatment preferences on this form.

Is there an advantage to a form that specifically addresses mental health care?

Yes, an important advantage of forms that specifically address your instructions for mental health care is that they allow you to give written instructions to your agent about your mental health care directly on the durable power of attorney for health care form.

Is there an advantage to the standard form approved by the OSBA and OSMA?

The Ohio State Medical Association and Ohio State Bar Association durable power of attorney for health care form has been available for several years, and hospitals and physicians may be more familiar with and willing to accept this form. In contrast, hospitals and physicians may not be willing to rely on another form until their attorneys have reviewed the form to ensure that it complies with legal requirements. The health care provider is responsible for determining that your durable power of attorney for health care substantially complies with Ohio law. There may be a time delay while waiting for the health care provider's attorney to approve another form.

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