Ohio § 1337.29

§ 1337.29.

(A) A power of attorney is effective when executed unless the principal provides in the

power of attorney that it becomes effective at a future date or upon the occurrence

of a future event or contingency. (B) If a power of attorney becomes effective upon the occurrence of a future event or

contingency, the principal, in the power of attorney, may authorize one or more persons

to determine in a writing or other record that the event or contingency has occurred. (C) If a power of attorney becomes effective upon the principal's incapacity and the

principal has not authorized a person to determine whether the principal is incapacitated,

or the person authorized is unable or unwilling to make the determination, the power

of attorney becomes effective upon one of the following determinations made in a writing

or other record: (1) A determination by a physician who has examined the principal or a licensed psychologist

who has evaluated the principal that the principal is incapacitated within the meaning

of division (E)(1) of section 1337.22 of the Revised Code ; (2) A determination by an attorney at law, a judge, or an appropriate governmental official

that the principal is incapacitated within the meaning of division (E)(2) of section 1337.22 of the Revised Code . (D) A person authorized by the principal in the power of attorney to determine that the

principal is incapacitated may act as the principal's personal representative pursuant

to 42 U.S.C. 1320d to 1320d-8 , and applicable regulations, to obtain access to the principal's health-care information

and communicate with the principal's health-care provider.