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 shall be effective upon its communication to the mental health treatment provider of the declarant or the health care facility providing services to the declarant. If the declaration is operative, then the declarant may revoke the declaration after a designated physician or a psychiatrist, and one other mental health treatment provider, who examine the declarant determine that the declarant has the capacity to consent to mental health treatment decisions.
(B) Upon the declarant's revocation of a declaration, the mental health treatment provider or the health care facility shall make the revocation a part of the declarant's medical record.
(C) A valid declaration for mental health treatment revokes a prior, valid declaration for mental health treatment.
(D) The probate judge of the county in which the declarant is located may revoke a declaration if the judge appoints a guardian for the declarant and specifically orders the revocation of the declaration.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2135 | Declaration for Mental Health Treatment
Section 2135.01 | Declaration for Mental Health Treatment Definitions.
Section 2135.03 | Validity and Effect - Revocation.
Section 2135.04 | When Declaration Becomes Operative.
Section 2135.05 | Designation of Proxy to Make Mental Health Decisions.
Section 2135.06 | Execution of Declaration.
Section 2135.07 | Treatment Provider Unwilling to Comply With Declaration.
Section 2135.08 | Liability and Duty of Proxy.
Section 2135.09 | Revoking Declaration.
Section 2135.10 | Liability of Mental Health Treatment Provider.
Section 2135.11 | No Requirement to Execute Declaration.
Section 2135.12 | Declaration Does Note Supersede Other Advanced Health Directives.