Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly As used in sections 2135.01 to 2135.14 of the Revised Code: (A) “Adult” means a person who is eighteen years of age or older. (B) “Capacity to consent to mental health treatment decisions” means the functional ability to understand information about the […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly (A) An adult who has the capacity to consent to mental health treatment decisions voluntarily may execute at any time a declaration governing the use or continuation, or the withholding or withdrawal, of mental health treatment. The declaration shall be signed at […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly (A) Except as otherwise provided in this division and subject to division (C) of this section, a declaration for mental health treatment remains valid and effective for three years after its execution unless it is properly revoked. A declaration for mental health […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly (A) A declaration becomes operative when both of the following apply: (1) The declaration is communicated to a mental health treatment provider of the declarant. (2) The designated physician or a psychiatrist, and one other mental health treatment provider, who examine the […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly (A) A declaration may designate an adult to act as a proxy to make decisions about the mental health treatment of the declarant and may designate an adult as an alternate proxy as described in section 2135.02 of the Revised Code. A […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly (A) A declaration for mental health treatment is valid only if it is signed by the declarant, states the date of its execution, and is either witnessed by two adults or acknowledged before a notary public. If a proxy, or a proxy […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly (A) If a mental health treatment provider of a declarant or a health care facility providing services to a declarant is unwilling at any time to comply with the declarant’s declaration, the mental health treatment provider or health care facility promptly shall […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly (A) The proxy under a declaration is not, as a result of acting in that capacity, personally liable for the cost of treatment provided to the declarant. Except to the extent the right is limited by the declaration or any federal law, […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly (A) A declarant may revoke a declaration at any time the declarant has the capacity to consent to mental health treatment decisions. Any revocation of a declaration by a declarant shall be in writing, signed by the declarant, and dated. The revocation […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly A mental health treatment provider of a declarant, a health care facility providing services to a declarant, or other authorized persons acting under the direction of either a mental health treatment provider of a declarant or a health care facility providing services […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly No person shall require an individual to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental health treatment or health care, or as a condition of admission to or discharge from a […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly (A) A declaration executed in accordance with this chapter shall not supersede a valid declaration governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment executed under Chapter 2133. of the Revised Code. (B) A declaration executed in accordance […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly (A) A person who opposes any decision arising under this chapter may make an application opposing the decision to the probate division of the court of common pleas of the county in which the declarant is located or in which the declaration […]
Effective: October 29, 2003 Latest Legislation: House Bill NO72 – 125th General Assembly A printed form of a declaration may be sold or otherwise distributed in this state for use by adults who are not advised by an attorney. By use of a printed form of that nature, a declarant may consent or refuse to […]
