Living Will Attorney
Secure your future with a living will in Columbus, Ohio.
What is a Living Will?
A living will, also known as an advance directive, is a legal document that outlines your preferences for medical treatment in the event that you become incapacitated or unable to communicate your wishes. This document comes into play during situations like terminal illness, severe injury, or permanent unconsciousness.
“I went to Mr Bendig to update my will and put a living will in place. He was patient and kindly expressed the best options to avoid end of life hassles for my heirs.”
– Janice S. (Google Review)
Key Components of a Living Will:
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- Life-Sustaining Treatment: Specify whether you want treatments such as mechanical ventilation, feeding tubes, or resuscitation if you are terminally ill or in a vegetative state.
- Do Not Resuscitate (DNR) Orders: Indicate whether you wish to have a DNR order in place, which tells healthcare providers not to perform CPR if your heart stops.
- Pain Management and Comfort Care: Outline your preferences for pain relief and palliative care, ensuring your comfort in end-of-life scenarios.
- Organ Donation: You can also include your wishes regarding organ and tissue donation in your living will.
We provide guidance with your living will declarations.
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How to Create a Living Will in Ohio
Creating a living will in Ohio involves several steps, and working with an experienced living will attorney can ensure that your document is comprehensive and legally sound.
Steps to Creating a Living Will:
- Consultation: We will meet with you to discuss your healthcare preferences and explain the options available to you.
- Drafting the Document: Based on your wishes, we will draft a living will that clearly outlines your medical treatment preferences.
- Review and Sign: Once the document is drafted, you will review it to ensure accuracy. After finalizing any necessary changes, you will sign the living will in the presence of witnesses.
- Distribution: Copies of your living will should be given to your healthcare providers, close family members, and anyone else who may need to make decisions on your behalf.
When does a living will get put into effect?
Your living will must be signed and a copy provided to your doctor. It will become enforced when your doctor determines that you are in a state of permanent unconsciousness or in a terminal condition AND another doctor has confirmed this assessment. Only then, doctors must follow the declarations stated in your living will.
With Charles Bendig, you get an experienced living wills attorney who can give you the personalized legal guidance you can trust. You speak directly with your attorney. Chuck takes your calls and will be right there beside you. Let’s get started.
Probate and Estate Planning FAQs
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What is a living will in Ohio?
Is this the same as a DNR?
Does a living will take effect right away?
What does a living will include?
Can I choose which treatments I do or don’t want?
How is a living will different from a health care power of attorney?
The living will outlines your end-of-life treatment wishes. A health care power of attorney, on the other hand, gives someone else legal authority to make medical decisions on your behalf when you’re unable. I always recommend having both documents in place they work best as a team.
Can I name the same person in both documents?
Absolutely, and many people do. It helps with continuity and clarity.
Which one takes priority?
If your living will is activated, meaning you meet the medical criteria, it will guide decisions even if you have a health care agent.
Do I need a lawyer to create a living will in Ohio?
Do I need witnesses or a notary?
Can I sign it electronically?
Can I change or cancel my living will?
Yes, you can revise or revoke your living will at any time as long as you’re mentally competent. I always encourage clients to keep their documents up to date and inform their doctor, family, and anyone else holding a copy.
Do I have to use a special form to revoke it?
No, but doing it in writing and destroying the old copies is the safest route.
Can my health care agent override it?
No. Once your living will is triggered, it legally directs your care decisions.
Who should have a copy of my living will?
It’s important to share your living will with your physician, hospital, health care agent, and close family. You can also register it with the Ohio Advance Directives Registry.
Is registration required?
No, but it helps ensure your wishes are accessible in an emergency.
Where should I store my copy?
Keep it somewhere easily accessible. Avoid locking it away in a safe deposit box where it may be hard to find when needed.
What if I don’t have a living will?
Is my living will valid outside of Ohio?
It might be, depending on the laws of the other state. Some states honor out-of-state directives, but not all do. If you spend significant time in multiple states, I recommend tailoring your documents accordingly.
Should I have separate living wills for other states?
In some cases, yes. I can help you create documents that comply with each state’s laws where needed.
Will my Ohio living will still apply during travel?
Most of the time, yes—but keep in mind that emergency care providers may act first and sort out documents later.
How do doctors know when to follow my living will?
What if my family disagrees with my living will?
I’m young and healthy. Do I really need a living will?
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Charles Bendig can help you get the peace of mind you’re looking for.
