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       Ohio law now recognizes living wills and permits the appointment of attorneys-in-fact for health care. These two statutory provisions overlap somewhat, but they are com- plementary rather than redundant. Similar in many respects to any other agency relationship, a power-of-attorney for health care authorizes the agent to carry out the health care priorities and preferences of the principal whenever and to whatever extent those decisions are known, and to act on behalf -- and in the best interests -- of the principal when they are not known. A living will is an "advance directive" which sets forth in writing the very health care concerns and decisions of the principal (here called the declarant) referred to in the power-of-attorney. The focus of a standard Ohio living will is whether or not, and under what circumstances, the principal would choose to refuse or to terminate treatment, and, relatedly, what types of treatment are -- or are not -- acceptable (including nutrition and hydration).

       Pre-printed forms are readily available at most hospitals and from doctors, and these powers-of-attorney for health care and living wills include the specific language required by the respective Ohio statutes. However, generally, the minimum language is all they contain. A personalized living will can, and should, (1) express any preferences of the declarant with respect to the funeral, religious or other memorial services, cremation or internment (with or without embalming), and anatomical gifts, etc., and (2) determine whose discretion will be observed for deciding any details not specified, and oversee the implementation of all the final arrangements.

       If you create a living will, then why should you also execute a power-of-attorney for health care? First, this special agency relationship "springs" into effect only if and when the principal cannot act personally. For the duration of the principal's impairment, the agent is empowered not merely to obtain, review, and discuss with medical personnel the health care records of the principal, but also to hire and discharge physicians and nurses, to demand that the principal be transferred to another medical facility if the present one will not honor the advance directive, and to give and withdraw (under certain conditions) informed consent for the principal's medical treatment, etc.. Second, a well-drafted power-of-attorney for health care offers some protection to the principal and third parties by providing, respectively, (a) for revocability, and (b) that no person shall incur any liability to the principal or the principal's estate as a result of permitting the agent to exercise any of the powers conferred by the agreement.

       Once executed, it is a good idea to attach the living will to the durable power-of-attorney for health care before distributing photocopies of the combined documents to the appointed agent(s), the primary care physician, and any medical specialists. Keep in a safe place a current list of who has been supplied with a photocopy (in case of revocation), and the originals originals (so that additional copies can be generated as necessary).