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.
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“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.
- Respiration
- Feeding Tubes or IV fluids
- Dialysis
- Antibiotics
- Cardiac resuscitation
- Blood transfusion
- Surgery or invasive procedures
- Dialysis
- Antibiotics
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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.
Living Will FAQs
What is a living will?
A living will is a legal document that allows you to express your wishes about life-sustaining treatment if you’re ever in a permanent unconscious state or terminal condition and can’t speak for yourself. In Ohio, it only applies in very specific end-of-life situations.
Is a living will the same as a DNR?
Not quite. A Do Not Resuscitate (DNR) order is a medical document written by a physician. A living will is something you create yourself, in advance, to guide your care when you can’t communicate.
Does a living will take effect right away?
No, it only becomes active after two doctors confirm that you’re either permanently unconscious or terminally ill and unable to make decisions.
What does a living will include?
Your living will spells out your preferences for treatments like feeding tubes, ventilators, CPR, and other life-support measures in those serious scenarios where you can’t decide for yourself.
Can I choose which treatments I do or don’t want?
Yes. You have the ability to be as specific as you like, and I can help make sure your wishes are clearly outlined.
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?
Technically, no. Ohio offers a standard form that doesn’t require a lawyer. But in my experience, working with an attorney ensures your intentions are clear, your document is legally sound, and you’ve considered all your options.
Do I need witnesses or a notary?
Yes, you’ll need two adult witnesses or a notary public to make the document valid in Ohio
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?
Without a living will, your care decisions may fall to your family or even the courts. This can create confusion, delay care, or lead to disputes between loved ones during an already difficult time.
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?
Two physicians must agree that you’re either permanently unconscious or terminally ill and unable to make your own decisions. Only then will your living will be put into effect.
What if my family disagrees with my living will?
If your wishes are clearly stated and your document is valid, it is legally binding. Having your intentions in writing helps reduce confusion and conflict.
I’m young and healthy. Do I really need a living will?
Yes. Accidents and sudden illnesses can happen to anyone. A living will protects your autonomy and gives your loved ones peace of mind in case something unexpected happens.
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