Plan Ahead: How to Use Healthcare Directives to Protect Your Medical Choices in Ohio

At Ballinger Legal, we talk a lot about the unexpected. You always need those people in your life, though, don’t you? Who knows, maybe the realist in your life – the one who points out every worst-case scenario – will prompt you to take the time to plan for the future, even if you’d like to just live life with your head in the clouds, thinking about all the good stuff. 

I would argue that taking some time to plan for worst-case scenarios allows you to live life to the fullest with less stress. Knowing that you have a plan in place gives you and your family peace of mind.

You may wonder, what can I do to plan for the worst-case scenarios? Luckily, there are a few legal documents that can help you do just that. Healthcare directives in Ohio allow you to make your medical wishes known to family, friends, and healthcare providers in the case that you are incapacitated. Generally, these documents are put in place in conjunction with your estate plan. 

1. Healthcare Power of Attorney (HCPOA)
   
   A Healthcare Power of Attorney allows you to name an agent and backup agents to make medical decisions on your behalf if you are incapacitated. Your agents must be 18+ and generally not your treating physician or nursing home administrator. This document is only effective upon your incapacitation. 
   
   Worst case scenario - You are in a serious car accident and unable to make medical decisions (i.e. you are incapacitated). If you have an HCPOA in place, your trusted agents can speak for you and act in your best interest to direct your medical care while you can’t.
   

2. HIPAA Release Form
   
   In combination with your HCPOA, a HIPAA Release Form is advisable. This allows your named agents access to your health information (such as treatment and test results), speak to your doctors, handle billing matters, and coordinate your medical care. 
   
   Worst case scenario - You have an accident and are in a coma. Your HCPOA and HIPAA release allows your named healthcare agents to coordinate your medical treatments, discuss treatment options with your doctors, and take care of your medical insurance billing.
   

3. Living Will
   
   A Living Will is a document that allows you to make your wishes known when it comes to end-of-life treatment. This document is only effective if you are terminally ill or permanently unconscious, which is confirmed by two physicians. This allows you to specify wishes about feeding tubes, ventilators, life support, and organ donation. This document will override your Healthcare Power of Attorney if it comes into effect. 
   
   Worst case scenario - You have an accident or medical emergency that has left you permanently unconscious with no hope for recovery. If you have a Living Will in place, your family members will not have to make difficult decisions because your family and medical team will already know your wishes.
   

4. DNR (Do Not Resuscitate) Order  
   
   A DNR Order is ordered and signed by a physician. If you have a DNR in place, medical providers will not start CPR, use electric shocks, insert a breathing tube or ventilator, or administer drugs that will restart your heart. The DNR only comes into effect if you’re in cardiac arrest, and does not affect other medical or comfort care.
   
   Worst case scenario - You have a terminal illness and do not wish for aggressive emergency measures to be performed. The DNR lets you communicate those wishes to your medical providers.
   
   Note: Discuss the need for a DNR with your medical provider. This is not a document Ballinger Legal provides with estate planning services. 

Don’t let worrying about worst-case scenarios ruin your fun - but plan for them, so you can enjoy today. Contact Ballinger Legal for a free consultation.