Effective: October 29, 2003
Latest Legislation: House Bill NO72 - 125th General Assembly
(A) A principal who creates a valid durable power of attorney for health care may revoke that instrument or the designation of the attorney in fact under it.
The principal may so revoke at any time and in any manner. The revocation shall be effective when the principal expresses an intention to so revoke, except that, if the principal made the principal's attending physician aware of the durable power of attorney for health care, the revocation shall be effective upon its communication to the attending physician by the principal, a witness to the revocation, or other health care personnel to whom the revocation is communicated by such a witness. Absent actual knowledge to the contrary, the attending physician of the principal and other health care personnel who are informed of the revocation of a durable power of attorney for health care by an alleged witness may rely on the information and act in accordance with the revocation.
(B) Upon the communication as described in division (A) of this section to the attending physician of a principal of the fact that the principal's durable power of attorney for health care has been revoked, the attending physician or other health care personnel acting under the direction of the attending physician shall make the fact a part of the principal's medical record.
(C) Unless the instrument provides otherwise, a valid durable power of attorney for health care revokes a prior, valid durable power of attorney for health care.
(D) Regardless of when the declaration is drafted, the execution of a declaration for mental health treatment does not revoke a valid durable power of attorney for health care. A declaration for mental health treatment executed in accordance with Chapter 2135. of the Revised Code supersedes a valid durable power of attorney for health care with regard to mental health treatment and the designation of a proxy to make decisions regarding mental health treatment.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1337 | Power of Attorney
Section 1337.01 | Power of Attorney.
Section 1337.02 | Form and Effect of Power of Attorney.
Section 1337.03 | Validity of Certain Acts of Attorney in Fact.
Section 1337.04 | Recording of Power of Attorney.
Section 1337.05 | Revocation of Power of Attorney Must Be Recorded.
Section 1337.06 | Execution and Evidence of Power of Attorney.
Section 1337.07 | Admission of Power of Attorney to Record.
Section 1337.08 | Record of Power of Attorney Authorizing Transfer of Personal Property.
Section 1337.092 | Personal Liability.
Section 1337.10 | Fees of Recorder - Microfilm Process.
Section 1337.11 | Durable Power of Attorney for Health Care Definitions.
Section 1337.12 | Formality of Execution.
Section 1337.13 | Authority of Attorney in Fact Under a Durable Power of Attorney for Health Care.
Section 1337.16 | Duties of Health Care Providers.
Section 1337.17 | Printed Form - Durable Power of Attorney for Health Care.
Section 1337.21 | Short Title.
Section 1337.22 | Definitions.
Section 1337.23 | Applicability.
Section 1337.24 | Power of Attorney Is Durable.
Section 1337.25 | Execution of Power of Attorney.
Section 1337.26 | Validity of Power of Attorney.
Section 1337.27 | Meaning and Effect of Power of Attorney.
Section 1337.28 | Nomination of Guardian; Relation of Agent to Court-Appointed Fiduciary.
Section 1337.29 | When Power of Attorney Effective.
Section 1337.30 | Termination of Power of Attorney or Agent's Authority.
Section 1337.31 | Coagents and Successor Agents.
Section 1337.32 | Reimbursement and Compensation of Agent.
Section 1337.33 | Agent's Acceptance.
Section 1337.34 | Agent's Duties.
Section 1337.35 | Exoneration of Agent.
Section 1337.36 | Judicial Relief.
Section 1337.37 | Agent's Liability.
Section 1337.38 | Agent's Resignation; Notice.
Section 1337.39 | Principles of Law and Equity.
Section 1337.40 | Conflict of Laws.
Section 1337.41 | Remedies Under Other Law.
Section 1337.42 | Authority That Requires Specific Grant; Grant of General Authority.
Section 1337.43 | Incorporation of Authority.
Section 1337.44 | Construction of Authority Generally.
Section 1337.45 | Real Property.
Section 1337.46 | Tangible Personal Property.
Section 1337.47 | Stocks and Bonds.
Section 1337.48 | Commodities and Options.
Section 1337.49 | Banks and Other Financial Institutions.
Section 1337.50 | Operation of Entity or Business.
Section 1337.51 | Insurance and Annuities.
Section 1337.52 | Estates, Trusts, and Other Beneficial Interests.
Section 1337.53 | Claims and Litigation.
Section 1337.54 | Personal and Family Maintenance.
Section 1337.55 | Benefits From Governmental Programs or Civil or Military Service.
Section 1337.56 | Retirement Plans.
Section 1337.571 | Digital Assets.
Section 1337.59 | Construction Under Former Law.
Section 1337.60 | Statutory Form Power of Attorney.
Section 1337.61 | Agent's Certification.
Section 1337.62 | Uniformity of Application and Construction.
Section 1337.63 | Relation to Electronic Signatures in Global and National Commerce Act.