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Living Wills and Health Care Power of Attorney

Since 1991, Ohio Law has allowed residents to establish a "Living Will" to assist them and their loved ones in making difficult end-of-life decisions. A Living Will allows a person to decide and document in advance, the type of care he or she would like to receive if he or she became permanently unconscious or terminally ill. The Health Care Power of Attorney enables you to designate someone who can make decisions for you. The Recorder's Office will record these documents for you at a flat rate of $40.00 and will provide you with a wallet-sized card detailing the documents recorded along with the unique instrument number.

Below is the packet which includes information on Living Wills, Health Care Powers of Attorney, and the Ohio Donor Registry. Each topic is divided into its own section and should be separated from the rest of the packet before filing. There are separation pages to notify you of where to tear off should you decide to file with our office. This packet can be filled out one of two ways. The packet can be filled out electronically before printing and filing or you can simply print the packet and fill out by hand before filing. 

Living Will & Health Care Power of Attorney Packet      

Living Will/Health Care Power of Attorney FAQ

Why is permanent access to a Living Will important?

A Living Will can only be honored if the attending physicians and others know about it. The Living Will takes effect only in situations where a patient is either terminally ill or permanently unconscious and is unable to tell a physician what type of care he or she wishes to receive. It is best to make sure that loved ones, physicians and others have access to the document at all times.

How can the Recorder's Office help?

The Franklin County Recorder's Office will record the Living Will of any Ohioan for safekeeping. By recording your Living Will with the Franklin County Recorder, you ensure easy access to this important document by your loved ones and medical personnel.

What is a Health Care Power of Attorney?

Included in the Franklin County Recorder's Advance Directives Packet is an Ohio Health Care Power of Attorney form. A Health Care Power of Attorney is a document that allows you to name a person to act on your behalf to make health care decisions for you if you become unable to make these decisions for yourself.

What is Ohio's Donor Registry?

Thousands of Ohioans are waiting for organ transplants. As an organ donor, one person can save up to seven lives and enhance the quality of life for more than fifty others through tissue and eye donation.

If you decide to become an organ and tissue donor, you can ensure your wishes will be carried out by filling out a Donor Registry Enrollment Form with the Ohio Bureau of Motor Vehicles. This form is also included in the Advance Directives Packet.

Are there Notary requirements?

There is not a requirement to use a notary to sign either the Living Will or Health Care Power Of Attorney, however two witnesses must be used as an alternative. The Donor Registry Enrollment Form does not require a notary or witnesses. 

Please refer to the full packet for additional information and requirements.