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2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.28 | Trustee's Bond.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a trustee is named in a foreign will that creates a trust relating to real property situated in this state, the trustee may execute the trust upon giving bond to the state in the sum and with the sureties that the probate court of the county in which the real property or a part of the real property is situated approves, conditioned to discharge with fidelity the trust reposed in the trustee. If the testator in the will naming the trustee orders or requests that bond not be given by the trustee, bond shall not be required, unless for sufficient cause the court requires it.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.29 | Trustee Appointed by a Foreign Court.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a trustee has been appointed under a foreign will that creates a trust relating to real property situated in this state by a foreign court according to the laws of the foreign jurisdiction, the trustee may execute the trust upon giving bond as provided in section 2129.28 of the Revised Code, and after satisfying the probate court of the county in which the real property or a part of it is situated, by an authenticated record of appointment, that the person or entity has been appointed trustee to execute the trust.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.30 | Probate Court May Appoint a Trustee Under a Foreign Will.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If necessary, the probate court of the county where the property affected by the trust is situated, on application by petition of the parties interested, may appoint a trustee to carry into effect a trust created by a foreign will. The trustee, before entering upon the trust, shall give bond with the security and in the amount that the court directs.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.01 | Present Value Determinations.

Effective:
October 29, 1999
Latest Legislation:
House Bill 59 - 123rd General Assembly
Present values for probate matters shall be the values determined for Ohio estate tax purposes pursuant to division (B) of section 5731.01 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.02 | Legal Disability Defined.

Effective:
January 1, 1974
Latest Legislation:
Senate Bill 1 - 110th General Assembly
"Legal disability" as used in Chapters 2101., 2103., 2105., 2107., 2109., 2111., 2113., 2115., 2117., 2119., 2121., 2123., 2125., 2127., 2129., and 2131. of the Revised Code includes the following:
(A) Persons under the age of eighteen years;
(B) Persons of unsound mind;
(C) Persons in captivity;
(D) Persons under guardianship of the person and estate, or either.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.03 | Definitions.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 202 - 134th General Assembly
As used in sections 2131.03 to 2131.036 of the Revised Code:
(A) "Disability" has the same meaning as in the "Americans with Disabilities Act of 1990," 42 U.S.C. 12102;
(B) "Supportive services" means any service provided through a program or agency at the federal, state, or local level that is intended to assist a person with a disability with day-to-day responsibilities and activities, including those associated with the care and supervision of a minor.
Last updated March 3, 2023 at 4:29 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.031 | Disability Barred as a Factor for Minor's Caretaker.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 202 - 134th General Assembly
(A) No court, public children services agency, private child placing agency, or private noncustodial agency shall deny or limit a person from any of the following solely on the basis that the person has a disability:
(1) Exercising custody, parenting time, or visitation rights with a minor;
(2) Adopting a minor;
(3) Serving as a foster caregiver for a minor;
(4) Appointment as a guardian for a minor.
(B) Division (A) of this section shall not be construed to guarantee or grant a person with a disability a right to conduct activities or exercise authority as described in that division.
Last updated March 3, 2023 at 4:29 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.032 | Determination of Whether to Implement Modifications or Supportive Services.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 202 - 134th General Assembly
(A) A court, public children services agency, private child placing agency, or private noncustodial agency, when determining whether to grant a person with a disability the right to conduct activities or exercise authority as described in division (A) of section 2131.031 of the Revised Code, shall determine whether modifications or supportive services designed to assist the person regarding the activities or authority are necessary and reasonable.
(B) A public children services agency, private child placing agency, or private noncustodial agency shall provide its reasons for a determination under division (A) of this section.
(C) A court shall make specific written findings of fact and conclusions of law providing the basis for its determination under division (A) of this section.
Last updated March 3, 2023 at 4:30 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.033 | Require Implementation of Modifications or Supportive Services After Positive Determination.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 202 - 134th General Assembly
If modifications and supportive services are determined to be necessary and reasonable under section 2131.032 of the Revised Code, the court, public children services agency, private child placing agency, or private noncustodial agency that made the determination may require the modifications or services to be implemented to assist the person with a disability to conduct the activities or exercise the authority as described in division (A) of section 2131.031 of the Revised Code. The court, public children services agency, private child placing agency, or private noncustodial agency imposing the modifications or services shall review their continued necessity and reasonableness after a reasonable amount of time.
Last updated March 3, 2023 at 4:30 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.034 | Deny or Limit Conduct After Negative Determination.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 202 - 134th General Assembly
If modifications and supportive services are not determined reasonable under section 2131.032 of the Revised Code, the court, public children services agency, private child placing agency, or private noncustodial agency that made the determination shall deny or limit conduct of activities or exercise of authority described under division (A) of section 2131.031 of the Revised Code by the person with a disability.
Last updated March 3, 2023 at 4:30 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.035 | Challenging a Determination.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 202 - 134th General Assembly
A person with a disability may bring an action or, in the case of a court determination, file a motion, to challenge either of the following:
(A) The modifications or supportive services required under section 2131.033 of the Revised Code;
(B) The limitation or denial under section 2131.034 of the Revised Code.
Last updated March 3, 2023 at 4:31 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.036 | Court Requirements Upon Receiving a Challenge to a Determination.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 202 - 134th General Assembly
A court shall do one of the following regarding an action or motion under section 2131.035 of the Revised Code:
(A) Affirm the modifications or supportive services required under section 2131.033 of the Revised Code or limitation or denial under section 2131.034 of the Revised Code and make specific written findings of fact and conclusions of law providing the basis for its decision as to why reasonable modifications or supportive services are necessary in order to conduct the activity or exercise the authority in question or insufficient to alleviate any concerns. With regard to a motion to challenge a court determination, the court shall consider, and address in its decision, any new arguments or evidence provided with the motion.
(B) Rescind the modifications or supportive services or limitation or denial and grant the person the right to conduct activities or exercise authority described in section 2131.031 of the Revised Code, with or without reasonable modifications or support services.
Last updated March 3, 2023 at 4:32 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.04 | Expectant Estates Descendible, Devisable, and Alienable.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Remainders, whether vested or contingent, executory interests, and other expectant estates are descendible, devisable, and alienable in the same manner as estates in possession.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.05 | Validity of Remainders.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A remainder valid in its creation shall not be defeated by the determination of the precedent estate before the happening of the contingency on which the remainder was limited to take effect. Should such contingency afterwards happen, the remainder shall take effect in the same manner and to the same extent as if the precedent estate had continued to the same period.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.06 | When Expectant Estates Defeated.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An expectant estate cannot be defeated or barred by any transfer or other act of the owner of the intermediate or precedent estate, nor by any destruction of such precedent estate by disseizen, forfeiture, surrender, merger, or otherwise; but an expectant estate may be defeated in any manner which the party creating such estate, in the creation thereof, has provided for or authorized. An expectant estate thus liable to be defeated shall not, on that ground, be adjudged void in its creation.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.07 | Estate in Fee Simple May Be Made Defeasible.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An estate in fee simple may be made defeasible upon the death of the holder thereof without having conveyed or devised the same, and the limitation over upon such event shall be a valid future interest. For the purpose of involuntary alienation, such a defeasible fee is a fee simple absolute.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.10 | Payable on Death Accounts.

Effective:
August 29, 2000
Latest Legislation:
House Bill 313 - 123rd General Assembly
A natural person, adult or minor, referred to in sections 2131.10 and 2131.11 of the Revised Code as the owner, may enter into a written contract with any bank, building and loan or savings and loan association, credit union, or society for savings, authorized to receive money on an investment share certificate, share account, deposit, or stock deposit, and transacting business in this state, whereby the proceeds of the owner's investment share certificate, share account, deposit, or stock deposit may be made payable on the death of the owner to another person or to any entity or organization, referred to in such sections as the beneficiary, notwithstanding any provisions to the contrary in Chapter 2107. of the Revised Code. In creating such accounts, "payable on death" or "payable on the death of" may be abbreviated to "P.O.D."
Every contract of an investment share certificate, share account, deposit, or stock deposit authorized by this section shall be deemed to contain a right on the part of the owner during the owner's lifetime both to withdraw the proceeds of such investment share certificate, share account, deposit, or stock deposit, in whole or in part, as though no beneficiary has been named, and to designate a change in beneficiary. The interest of the beneficiary shall be deemed not to vest until the death of the owner.
No change in the designation of the beneficiary shall be valid unless executed in the form and manner prescribed by the bank, building and loan or savings and loan association, credit union, or society for savings.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.11 | Release and Discharge of Payable on Death Account.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If an investment share certificate, share account, deposit, or stock deposit is made in any bank, building and loan or savings and loan association, credit union, or society for savings, payable to the owner during the owner's lifetime, and to another on the owner's death, the investment share certificate, share account, deposit, or stock deposit, any part of that certificate, account, or deposit, or any interest or dividend on the certificate, account, or deposit, may be paid to the owner during the owner's lifetime, and on the owner's death the investment share certificate, share account, deposit, or stock deposit, any part of that certificate, account, or deposit, or any interest or dividend on the certificate, account, or deposit, may be paid to the designated beneficiary, and the receipt of acquittance of the person paid is a sufficient release and discharge of the bank, building and loan or savings and loan association, credit union, or society for savings for any payment so made.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.12 | Joint Ownership With Right of Survivorship in Motor Vehicle or in Watercraft or Outboard Motor.

Effective:
June 30, 2021
Latest Legislation:
House Bill 74 - 134th General Assembly
(A) As used in this section:
(1) "Motor vehicle" has the same meaning as in section 4505.01 of the Revised Code.
(2) "Joint ownership with right of survivorship" means a form of ownership of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor that is established pursuant to this section and pursuant to which the entire interest in the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor is held by two persons for their joint lives and thereafter by the survivor of them.
(3) "Watercraft" has the same meaning as in division (A) of section 1548.01 of the Revised Code.
(4) "All-purpose vehicle" has the same meaning as in section 4519.01 of the Revised Code.
(5) "Off-highway motorcycle" has the same meaning as in section 4519.01 of the Revised Code.
(B)(1) Any two persons may establish in accordance with this section joint ownership with right of survivorship in a motor vehicle, an all-purpose vehicle, an off-highway motorcycle, a watercraft, or an outboard motor for which a certificate of title is required under Chapter 1548., 4505., or 4519. of the Revised Code.
(2) If two persons wish to establish joint ownership with right of survivorship in a motor vehicle, an all-purpose vehicle, an off-highway motorcycle, a watercraft, or an outboard motor that is required to be titled under Chapter 1548., 4505., or 4519. of the Revised Code, they may make a joint application for a certificate of title under section 1548.07, 4505.06, or 4519.55 of the Revised Code, as applicable.
(C) If two persons have established in a certificate of title joint ownership with right of survivorship in a motor vehicle, an all-purpose vehicle, an off-highway motorcycle, a watercraft, or an outboard motor that is required to be titled under Chapter 1548., 4505., or 4519. of the Revised Code, and if one of those persons dies, the interest of the deceased person in the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor shall pass to the survivor of them upon transfer of title to the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor in accordance with section 1548.11, 4505.10, or 4519.60 of the Revised Code. The motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor shall not be considered an estate asset and shall not be included and stated in the estate inventory.
Last updated April 9, 2021 at 1:20 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2131 | Miscellaneous › Section 2131.21 | Deposit of Securities Held in Fiduciary Capacity.

Effective:
January 1, 1976
Latest Legislation:
Senate Bill 145 - 111th General Assembly
Any person holding securities in a fiduciary capacity, or any state bank, trust company, or national bank, any of which is holding securities as a custodian, managing agent, or custodian for a fiduciary, is authorized to deposit or arrange for the deposit of the securities in a federal reserve bank, a clearing corporation, or a securities depository. When the securities are so deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of the federal reserve bank, clearing corporation, or securities depository with any other such securities deposited in the federal reserve bank, clearing corporation, or securities depository by any person, regardless of the ownership of the securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of a state bank, trust company, or national bank acting as custodian, managing agent, or custodian for a fiduciary shall at all times show the name of the party for whose account the securities are so deposited. Title to the securities may be transferred by bookkeeping entry on the books of the federal reserve bank, clearing corporation, or securities depository without physical delivery of certificates representing the securities. A state bank, trust company, or national bank depositing securities pursuant to this section shall be subject to the rules as, in the case of state chartered institutions, the superintendent of banks or state bank commissioner of another state, and in the case of national banking associations, the comptroller of the currency, may issue. A state bank, trust company, or national bank, acting as custodian for a fiduciary, shall, on demand by the fiduciary, certify in writing to the fiduciary the securities so deposited by the state bank, trust company, or national bank in the federal reserve bank, clearing corporation, or securities depository for the account of the fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of the fiduciary's account, or on demand by the attorney for such a party, certify in writing to the party the securities deposited by the fiduciary in the federal reserve bank, clearing corporation, or securities depository.
This section shall apply to any fiduciary holding securities in its fiduciary capacity, and to any state bank, trust company, or national bank holding securities as a custodian, managing agent, or custodian for a fiduciary, or who thereafter may act, regardless of the date of the agreement, instrument, or court order by which it is appointed, and regardless of whether or not the fiduciary, custodian, managing agent, or custodian for a fiduciary owns capital stock of the clearing corporation or securities depository.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2133 | Modified Uniform Rights of the Terminally Ill Act; Dnr Identification and Do-Not-Resuscitate Orders › Section 2133.04 | Revocation of Declaration.

Effective:
March 20, 2014
Latest Legislation:
House Bill 126 - 130th General Assembly
(A) A declarant may revoke a declaration at any time and in any manner. The revocation shall be effective when the declarant expresses an intention to revoke the declaration, except that, if the declarant made the declarant's attending physician aware of the declaration, the revocation shall be effective upon its communication to the attending physician of the declarant by the declarant, a witness to the revocation, or other health care personnel to whom the revocation is communicated by that witness. Absent actual knowledge to the contrary, the attending physician of a declarant and other health care personnel who are informed of the revocation of a declaration by an alleged witness may rely on the information and act in accordance with the revocation.
(B) Upon the communication as described in division (A) of this section to the attending physician of a declarant of the fact that the declaration has been revoked, the attending physician or other health care personnel acting under the direction of the attending physician shall make the fact a part of the declarant's medical record.
(C) Unless a declaration provides otherwise, a declaration is revoked by a subsequent declaration.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2133 | Modified Uniform Rights of the Terminally Ill Act; Dnr Identification and Do-Not-Resuscitate Orders › Section 2133.06 | Patient to Make Decisions on Use of Life-Sustaining Treatment.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) As long as a qualified patient is able to make informed decisions regarding the administration of life-sustaining treatment, the qualified patient may continue to do so.
(B) Life-sustaining treatment shall not be withheld or withdrawn from a declarant pursuant to a declaration if the declarant is pregnant and if the withholding or withdrawal of the treatment would terminate the pregnancy, unless the declarant's attending physician and one other physician who has examined the declarant determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that the fetus would not be born alive.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2133 | Modified Uniform Rights of the Terminally Ill Act; Dnr Identification and Do-Not-Resuscitate Orders › Section 2133.07 | Using Pre-Printed Form.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
(A) As used in this section, "DNR identification" has the same meaning as in section 2133.21 of the Revised Code.
(B) A printed form of a declaration may be sold or otherwise distributed in this state for use by adults who are not advised by an attorney. By use of a printed form of that nature, a declarant may authorize the use or continuation, or the withholding or withdrawal, of life-sustaining treatment should the declarant be in a terminal condition, a permanently unconscious state, or either a terminal condition or a permanently unconscious state, may authorize the withholding or withdrawal of nutrition or hydration should the declarant be in a permanently unconscious state as described in division (A)(3)(a) of section 2133.02 of the Revised Code, and may designate one or more persons who are to be notified by the declarant's attending physician at any time that life-sustaining treatment would be withheld or withdrawn pursuant to the declaration. The printed form shall not be used as an instrument for granting any other type of authority or for making any other type of designation, except that the printed form may be used as a DNR identification if the declarant specifies on the form that the declarant wishes to use it as a DNR identification.
(C)(1) A printed form of a declaration under division (B) of this section shall include, as a separate page or as a portion of a page that can be detached from the declaration, a donor registry enrollment form that permits the donor to be included in the donor registry created under section 2108.23 of the Revised Code.
(2) The donor registry enrollment form may be in any form that complies with the requirements of division (B) of section 2108.05 of the Revised Code. On completion, the form shall be forwarded to the bureau of motor vehicles.
Last updated May 20, 2021 at 2:14 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2133 | Modified Uniform Rights of the Terminally Ill Act; Dnr Identification and Do-Not-Resuscitate Orders › Section 2133.10 | Transfer of Patients.

Effective:
July 9, 1998
Latest Legislation:
House Bill 354 - 122nd General Assembly
(A) An attending physician who, or a health care facility in which a qualified patient or other patient is confined that, is not willing or is not able to comply or allow compliance with a declaration of a qualified patient, with a consent given in accordance with section 2133.08 or 2133.09 of the Revised Code, with any probate court order issued pursuant to section 2133.05, 2133.08, or 2133.09 of the Revised Code, or with any other applicable provision of sections 2133.01 to 2133.15 of the Revised Code shall not prevent or attempt to prevent, or unreasonably delay or attempt to unreasonably delay, the transfer of the qualified patient or other patient to the care of a physician who, or a health care facility that, is willing and able to so comply or allow compliance.
(B) If a declaration provides for the use or continuation of life-sustaining treatment should its declarant subsequently be in a terminal condition or in a permanently unconscious state, if a consent decision of a priority individual or class of individuals under section 2133.08 of the Revised Code is to use or continue life-sustaining treatment in connection with a patient described in that section, or if a probate court issues a reevaluation order pursuant to section 2133.05 or 2133.08 of the Revised Code that is intended to result in the use or continuation of life-sustaining treatment in connection with a qualified patient or other patient, then the attending physician of the qualified patient or other patient who, or health care facility in which the qualified patient or other patient is confined that, is not willing or is not able to comply or allow compliance with the declaration, consent decision, or reevaluation order shall use or continue the life-sustaining treatment or cause it to be used or continued until a transfer as described in division (A) of this section is made.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2133 | Modified Uniform Rights of the Terminally Ill Act; Dnr Identification and Do-Not-Resuscitate Orders › Section 2133.13 | When Health Care Provider May Presume Validity of Declaration.

Effective:
July 9, 1998
Latest Legislation:
House Bill 354 - 122nd General Assembly
In the absence of actual knowledge to the contrary and if acting in good faith, an attending or consulting physician, other health care personnel, and health care facilities may assume that a declaration complies with sections 2133.01 to 2133.15 of the Revised Code and is valid.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2133 | Modified Uniform Rights of the Terminally Ill Act; Dnr Identification and Do-Not-Resuscitate Orders › Section 2133.14 | Recognition of Declaration Executed in Another State.

Effective:
July 9, 1998
Latest Legislation:
House Bill 354 - 122nd General Assembly
A declaration executed under the law of another state in compliance with that law or in substantial compliance with sections 2133.01 to 2133.15 of the Revised Code shall be considered to be valid for purposes of sections 2133.01 to 2133.15 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2133 | Modified Uniform Rights of the Terminally Ill Act; Dnr Identification and Do-Not-Resuscitate Orders › Section 2133.21 | Dnr Identification and Do-Not-Resuscitate Order Law Definitions.

Effective:
July 9, 1998
Latest Legislation:
House Bill 354 - 122nd General Assembly
As used in sections 2133.21 to 2133.26 of the Revised Code, unless the context clearly requires otherwise:
(A) "Attending physician" means the physician to whom a person, or the family of a person, has assigned primary responsibility for the treatment or care of the person or, if the person or the person's family has not assigned that responsibility, the physician who has accepted that responsibility.
(B) "Declaration," "health care facility," "life-sustaining treatment," "physician," "professional disciplinary action," and "tort action" have the same meanings as in section 2133.01 of the Revised Code.
(C) "DNR identification" means a standardized identification card, form, necklace, or bracelet that is of uniform size and design, that has been approved by the department of health pursuant to section 2133.25 of the Revised Code, and that signifies either of the following:
(1) That the person who is named on and possesses the card, form, necklace, or bracelet has executed a declaration that authorizes the withholding or withdrawal of CPR and that has not been revoked pursuant to section 2133.04 of the Revised Code;
(2) That the attending physician of the person who is named on and possesses the card, form, necklace, or bracelet has issued a current do-not-resuscitate order, in accordance with the do-not-resuscitate protocol adopted by the department of health pursuant to section 2133.25 of the Revised Code, for that person and has documented the grounds for the order in that person's medical record.
(D) "Do-not-resuscitate order" means a directive issued by a physician that identifies a person and specifies that CPR should not be administered to the person so identified.
(E) "Do-not-resuscitate protocol" means the standardized method of procedure for the withholding of CPR by physicians, emergency medical service personnel, and health care facilities that is adopted in the rules of the department of health pursuant to section 2133.25 of the Revised Code.
(F) "Emergency medical services personnel" means paid or volunteer firefighters, law enforcement officers, first responders, emergency medical technicians-basic, emergency medical technicians-intermediate, emergency medical technicians-paramedic, medical technicians, or other emergency services personnel acting within the ordinary course of their profession.
(G) "CPR" means cardiopulmonary resuscitation or a component of cardiopulmonary resuscitation, but it does not include clearing a person's airway for a purpose other than as a component of CPR.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2133 | Modified Uniform Rights of the Terminally Ill Act; Dnr Identification and Do-Not-Resuscitate Orders › Section 2133.211 | Authority and Immunity of Nurses and Physician Assistants.

Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
A person who holds a current, valid license issued under Chapter 4723. of the Revised Code to practice as an advanced practice registered nurse may take any action that may be taken by an attending physician under sections 2133.21 to 2133.26 of the Revised Code and has the immunity provided by section 2133.22 of the Revised Code if the action is taken pursuant to a standard care arrangement with a collaborating physician.
A person who holds a license to practice as a physician assistant issued under Chapter 4730. of the Revised Code may take any action that may be taken by an attending physician under sections 2133.21 to 2133.26 of the Revised Code and has the immunity provided by section 2133.22 of the Revised Code if the action is taken pursuant to a supervision agreement entered into under section 4730.19 of the Revised Code, including, if applicable, the policies of a health care facility in which the physician assistant is practicing.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2133 | Modified Uniform Rights of the Terminally Ill Act; Dnr Identification and Do-Not-Resuscitate Orders › Section 2133.23 | Compliance With Dnr Order.

Effective:
July 9, 1998
Latest Legislation:
House Bill 354 - 122nd General Assembly
(A) If emergency medical services personnel, other than physicians, are presented with DNR identification possessed by a person or are presented with a written do-not-resuscitate order for a person or if a physician directly issues to emergency medical services personnel, other than physicians, an oral do-not-resuscitate order for a person, the emergency medical services personnel shall comply with the do-not-resuscitate protocol for the person. If an oral do-not-resuscitate order is issued by a physician who is not present at the scene, the emergency medical services personnel shall verify the physician's identity.
(B) If a person possesses DNR identification and if the person's attending physician or the health care facility in which the person is located is unwilling or unable to comply with the do-not-resuscitate protocol for the person, the attending physician or the health care facility shall not prevent or attempt to prevent, or unreasonably delay or attempt to delay, the transfer of the person to a different physician who will follow the protocol or to a different health care facility in which the protocol will be followed.
(C) If a person who possesses DNR identification or for whom a current do-not-resuscitate order has been issued is being transferred from one health care facility to another, before or at the time of the transfer, the transferring health care facility shall notify the receiving health care facility and the persons transporting the person of the existence of the DNR identification or the order. If a current do-not-resuscitate order was issued orally, it shall be reduced to writing before the time of the transfer. The DNR identification or the order shall accompany the person to the receiving health care facility and shall remain in effect unless it is revoked or unless, in the case of a do-not-resuscitate order, the order no longer is current.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2133 | Modified Uniform Rights of the Terminally Ill Act; Dnr Identification and Do-Not-Resuscitate Orders › Section 2133.25 | Standardized Method of Procedure for the Withholding of Cpr by Physicians, Emergency Medical Services Personnel, and Health Care Facilities.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) The department of health, by rule adopted pursuant to Chapter 119. of the Revised Code, shall adopt a standardized method of procedure for the withholding of CPR by physicians, emergency medical services personnel, and health care facilities in accordance with sections 2133.21 to 2133.26 of the Revised Code. The standardized method shall specify criteria for determining when a do-not-resuscitate order issued by a physician is current. The standardized method so adopted shall be the "do-not-resuscitate protocol" for purposes of sections 2133.21 to 2133.26 of the Revised Code. The department also shall approve one or more standard forms of DNR identification to be used throughout this state.
(B) The department of health shall adopt rules in accordance with Chapter 119. of the Revised Code for the administration of sections 2133.21 to 2133.26 of the Revised Code.
(C) The department of health shall appoint an advisory committee to advise the department in the development of rules under this section. The advisory committee shall include, but shall not be limited to, representatives of each of the following organizations:
(1) The association for hospitals and health systems (OHA);
(2) The Ohio state medical association;
(3) The Ohio chapter of the American college of emergency physicians;
(4) The Ohio hospice organization;
(5) The Ohio council for home care;
(6) The Ohio health care association;
(7) The Ohio ambulance association;
(8) The Ohio medical directors association;
(9) The Ohio association of emergency medical services;
(10) The bioethics network of Ohio;
(11) The Ohio nurses association;
(12) The Ohio academy of nursing homes;
(13) The Ohio association of professional firefighters;
(14) The department of developmental disabilities;
(15) The Ohio osteopathic association;
(16) The association of Ohio philanthropic homes, housing and services for the aging;
(17) The catholic conference of Ohio;
(18) The department of aging;
(19) The department of mental health and addiction services;
(20) The Ohio private residential association;
(21) The northern Ohio fire fighters association.
Last updated January 13, 2023 at 1:29 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2133 | Modified Uniform Rights of the Terminally Ill Act; Dnr Identification and Do-Not-Resuscitate Orders › Section 2133.26 | Prohibited Acts.

Effective:
July 9, 1998
Latest Legislation:
House Bill 354 - 122nd General Assembly
(A)(1) No physician shall purposely prevent or attempt to prevent, or delay or unreasonably attempt to delay, the transfer of a patient in violation of division (B) of section 2133.23 of the Revised Code.
(2) No person shall purposely conceal, cancel, deface, or obliterate the DNR identification of another person without the consent of the other person.
(3) No person shall purposely falsify or forge a revocation of a declaration that is the basis of the DNR identification of another person or purposely falsify or forge an order of a physician that purports to supersede a do-not-resuscitate order issued for another person.
(4) No person shall purposely falsify or forge the DNR identification of another person with the intent to cause the use, withholding, or withdrawal of CPR for the other person.
(5) No person who has personal knowledge that another person has revoked a declaration that is the basis of the other person's DNR identification or personal knowledge that a physician has issued an order that supersedes a do-not-resuscitate order that the physician issued for another person shall purposely conceal or withhold that personal knowledge with the intent to cause the use, withholding, or withdrawal of CPR for the other person.
(B)(1) Whoever violates division (A)(1) or (5) of this section is guilty of a misdemeanor of the third degree.
(2) Whoever violates division (A)(2), (3), or (4) of this section is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.02 | Declaration Governing Use or Continuation, or the Withholding or Withdrawal, of Mental Health Treatment.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
(A) An adult who has the capacity to consent to mental health treatment decisions voluntarily may execute at any time a declaration governing the use or continuation, or the withholding or withdrawal, of mental health treatment. The declaration shall be signed at the end by the declarant, state the date of its execution, and either be witnessed or be acknowledged in accordance with section 2135.06 of the Revised Code. The declaration may include a designation by the declarant of a person to act as a proxy to make decisions regarding mental health treatment pursuant to the declaration, and, if the declaration includes a designation of a proxy, the declaration shall be signed at the end by the designated proxy. The declarant may also specifically designate in the declaration an alternate proxy to act in that role if the original proxy is unable or unwilling to act at any time, and, if the declaration includes a designation of an alternate proxy, the declaration shall be signed at the end by the designated alternate proxy. The declarant may name in the declaration a physician and assign the physician the primary responsibility for the declarant's mental health treatment. The declaration may include a specific authorization for the use or continuation, or the withholding or withdrawal, of mental health treatment.
(B) A mental health treatment provider or a health care facility providing services to a declarant shall continue to obtain the declarant's informed consent to all mental health treatment decisions if the declarant has the capacity to consent to mental health treatment decisions.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.03 | Validity and Effect - Revocation.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
(A) Except as otherwise provided in this division and subject to division (C) of this section, a declaration for mental health treatment remains valid and effective for three years after its execution unless it is properly revoked. A declaration for mental health treatment may become operative as provided in section 2135.04 of the Revised Code. If the declaration becomes operative, the authority of a proxy named in the declaration continues in effect as long as the declaration designating the proxy is in effect or until the proxy has withdrawn. If a declaration for mental health treatment has become operative and is in effect at the expiration of three years after its execution, the declaration remains effective until the declarant has the capacity to consent to mental health treatment decisions. If a declaration for mental health treatment has not become operative at the expiration of three years after its execution, the declaration may be renewed as provided in division (C)(1) of this section or remains effective as provided in division (C)(2) of this section.
(B) A valid declaration may be revoked in accordance with section 2135.09 of the Revised Code or renewed in accordance with division (C) (1) of this section, but it shall not otherwise be altered or amended after it has been executed. A properly executed declaration is not revoked or invalidated by an alteration of or amendment to the declaration. Any alteration of or amendment to the declaration is not a part of the declaration.
(C) (1) A declarant may renew a declaration once, extending the validity of the document for an additional three-year period from the date of the renewal, by repeating the procedures set forth in section 2135.06 of the Revised Code, if the declarant has included in the declaration a specific authorization for the use or continuation, or the withholding or withdrawal, of mental health treatment, and the declarant makes no change with respect to that authorization. A declarant shall not make any changes to any term or provision of the declaration when renewing under division (C)(1) of this section.
(2) A declaration for mental health treatment that has not become operative at the expiration of three years after its execution remains effective if both of the following apply:
(a) The declaration designates a proxy or an alternate proxy.
(b) The declarant does not include in the declaration a specific authorization for the use or continuation, or the witholding or withdrawal, of mental health treatment.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.04 | When Declaration Becomes Operative.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
(A) A declaration becomes operative when both of the following apply:
(1) The declaration is communicated to a mental health treatment provider of the declarant.
(2) The designated physician or a psychiatrist, and one other mental health treatment provider, who examine the declarant determine that the declarant does not have the capacity to consent to mental health treatment decisions. At least one of the two persons who make this determination shall not currently be involved in the declarant's treatment at the time of the determination. If a designated physician is named in the declaration and is not one of the two persons who make this determination, then the psychiatrist who makes the determination in lieu of the designated physician shall make a good faith effort to consult with the designated physician as soon as practicable.
(B) A mental health treatment provider for a declarant or a health care facility providing services to a declarant shall make a declaration part of the declarant's medical record and shall note in that record when the declaration is operative.
(C) A mental health treatment provider for a declarant or a health care facility providing services to a declarant shall act in accordance with an operative declaration of the declarant consistent with reasonable medical practice, the availability of treatments requested, and applicable law. The mental health treatment provider or the health care facility shall continue to act in accordance with an operative declaration until the declarant has the capacity to consent to mental health treatment decisions.
(D) An operative declaration of a declarant supersedes any general consent to treatment form signed by the declarant prior to, upon, or after the declarant's admission to a health care facility to the extent there is a conflict between the declaration and the form, even if the declarant signs the form after the execution of the declaration. To the extent that the provisions of a declarant's declaration and a general consent to treatment form signed by the declarant do not conflict, both documents shall govern the use or continuation, or the withholding or withdrawal, of mental health treatment for the declarant. This division does not apply if a declarant revokes a declaration after the declarant signs a general consent to treatment form.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.05 | Designation of Proxy to Make Mental Health Decisions.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
(A) A declaration may designate an adult to act as a proxy to make decisions about the mental health treatment of the declarant and may designate an adult as an alternate proxy as described in section 2135.02 of the Revised Code. A proxy designated to make decisions about mental health treatment may make decisions about mental health treatment on behalf of the declarant only when the declaration has become operative. The decisions of the proxy regarding the mental health treatment of the declarant must be consistent with desires the declarant has expressed in the declaration.
(B) The following persons may not serve as a proxy for a declarant:
(1) The declarant's mental health treatment provider, or an employee of the declarant's mental health treatment provider;
(2) The owner, operator, or employee of a health care facility in which the declarant is a patient receiving its services or a resident.
(C) Divisions (B)(1) and (2) of this section do not apply if the declarant and proxy are related by blood, marriage, or adoption.
(D) A proxy may withdraw from a declaration prior to the declaration becoming operative by giving notice to the declarant. If the declaration is operative, a proxy may withdraw by giving written notice to the declarant's mental health treatment provider or the health care facility providing services to the declarant. The mental health treatment provider or the health care facility shall note the withdrawal of a proxy as part of the declarant's medical record.