On December 20, 2013, Ohio Governor John Kasich signed into law House Bill 126. Prior to this new law, R.C. 1337.12 and R.C. 1337.13 stated that the authority bestowed to an attorney-in-fact under a Durable Power of Attorney for Health Care (DPAHC) instrument would only take effect when a physician declared the principal to lack the capacity to make informed health care decisions.

Beginning on March 19, 2014, these statutes will permit a DPAHC to authorize the attorney-in-fact to have access to the principal’s medical information, including protected health information under the Health Insurance Portability and Accountability Act (HIPAA), immediately upon execution of the DPAHC. Thus House Bill 126 has removed the requirement that a physician must first declare the principle to lack capacity before the attorney-in-fact named in a DPAHC can have any authority.

House Bill 126 has also revised Section 1337 of the Ohio Revised Code to allow the appointment of a guardian for the estate and a guardian for the person through a DPAHC instrument.

If you have any questions or concerns about the Durable Power of Attorney for Health Care laws in Ohio, contact a DLM Legal Health Care attorney at info@dlmlegal.com or 216.635.0002.