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Statutory Citations
Ohio
Ohio Modified Uniform Rights of the Terminally Ill Act [1991, 1998, 2001], Ohio Rev. Code Ann. §§2133.01 to 2133.15.

Ohio Power of Attorney for Health Care Act [1989, 1991, 1998, 2001], Ohio Rev. Code Ann. §§1337.11 to 1337.17.

Ohio Do-Not-Resuscitate Order Law [2001], Ohio Rev. Code Ann. §§2133.21 to 2133.26.


Documents

Free advance directive documents and instructions from Partnership for Caring.


Court Cases
Ohio
Case Couture v. Couture, 48 Ohio App. 3d 208, 549 N.E.2d 571 (Ct. App. Montgomery Co. 1989).
Court Ohio Court of Appeals
Year 1989
Patient (age) Ione Bayer (61)
Nutrition + hydration "Artificially-provided Nutrition and Hydration"
Mental capacity Persistent Vegetative State (PVS)
Decision maker(s) Bertha Couture (mother)
Setting Miami Valley Hospital (Dayton, OH)
Patient's Wishes Couture's mother and brother both testified that Daniel had expressed to them on several occasions that he would not artificial systems to prolong his life. Couture's father, Clarence, opposed Bertha Couture in court (the two were divorced), but there was no evidence offered to counter the statements made about Daniel Couture's health care preferences.
Court's Decision

Even though no advance directive had been executed in this case, the court followed the state's Durable Power of Attorney for Health Care statute, which at the time, appeared to forbade the withdrawing of artificial nutrition and hydration (ANH) under almost all circumstances. The state's advance directive laws have since been brought into harmony with other states, and now artificial nutrition and hydration is treated like any other medical procedure. As such, it is likely that the court's finding in Couture has been rendered moot.

Outcome
Citation Partnership for Caring, Inc. (2001), Fact Sheet, Couture v. Couture.
   

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