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 was either witnessed or acknowledged as described in this chapter.
(B) If a declarant has not named any proxies in the declaration, or if all the named proxies have withdrawn or are unable or unwilling to act at a time when the declaration has become operative, then the physician who has the primary responsibility for treating the declarant may petition the probate division of the court of common pleas of the county in which the declarant is located to appoint a person to act as a proxy. If the judge of the probate division of the court of common pleas finds it to be in the best interest of the declarant, then the court shall appoint a person to serve as a proxy for the declarant while the declaration is effective. The person so appointed shall be a person who is eligible to serve as a proxy as determined under section 2135.05 of the Revised Code.
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.