Lawriter - OAC - 3701-62-10 Relationship of DNR orders and identification with living will declarations and durable powers of attorney for health care.

3701-62-10 Relationship of DNR orders and identification with living will declarations and durable powers of attorney for health care.

(A) To the extent that a known conflict exists between a valid durable power of attorney for health care and a valid living will declaration that is known to be operative in accordance with section 2133.03 of the Revised Code, the living will declaration supersedes the authority of the durable power of attorney for health care and the agent or agents named therein.

(B) Absent substantial change in the principal's medical condition as assessed by the principal's authorized health care provider, DNR identification based upon a valid DNR order to which the principal consented supersedes the authority of a durable power of attorney for health care and the agent or agents named therein.

(C) The authority of a durable power of attorney for health care and the agent or agents named therein supersedes DNR identification that is based upon a DNR order to which the agent or agents named in the durable power of attorney for health care previously consented or to which an individual or individuals consented to in accordance with section 2133.08 of the Revised Code.

(D) To the extent that a known conflict exists between DNR identification based upon a previously executed living will declaration and a more recent valid living will declaration that is operative in accordance with section 2133.03 of the Revised Code, the most recent living will declaration supersedes the previous DNR identification and living will declaration.

(E) To the extent that a known conflict exists between DNR identification based upon a valid DNR order to which the principal consented and a valid living will declaration, the more recent document supersedes.

Replaces: 3701-62-10


Effective: 9/1/2019
Five Year Review (FYR) Dates: 09/01/2024
Promulgated Under: 119.03
Statutory Authority: 2133.25
Rule Amplifies: 2133.03, 1337.12
Prior Effective Dates: 05/20/1999, 02/13/2014