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OH HB126
Bill
Status
3/20/2014
Primary Sponsor
Stephanie Kunze
Click for details
AI Summary
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Authorizes an attorney in fact under a durable power of attorney for health care to obtain and access the principal's health information and protected health information, either immediately upon execution or at any subsequent time, regardless of whether the principal has lost decision-making capacity.
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Makes individuals designated as alternate attorneys in fact ineligible to serve as witnesses to a durable power of attorney for health care document.
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Permits a principal to nominate a guardian of their person, estate, or both in a durable power of attorney for health care, and allows the nominated guardian or attorney in fact to nominate successor guardians.
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Establishes that a subsequent nomination of a guardian revokes any prior nomination, and courts must appoint in accordance with the most recent nomination except for good cause or disqualification.
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Provides that a subsequent valid living will declaration revokes all prior declarations unless the declaration provides otherwise.
Legislative Description
To allow a person who creates a durable power of attorney for health care to authorize the attorney in fact to obtain health information about the person, to make an individual who is designated as an alternate attorney in fact ineligible to witness the instrument that creates a durable power of attorney for health care, to permit the principal to nominate a guardian in a durable power of attorney for health care, to provide that a prior nomination of a guardian is revoked by a subsequent nomination of a guardian, and to establish a presumption that a valid living will declaration revokes all prior declarations.
Durable power of attorney for health care/ living will revokes prior declarations
Last Action
Effective Date
3/20/2014