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What happens if you cannot speak for yourself anymore? Will a machine keep you breathing long after you would have chosen to let go? Will your children end up disagreeing in a hospital hallway over what you would have wanted, because you never wrote it down?
call for a consultation(513) 653-4587
That does not have to be how this goes.
As a Cincinnati living will attorney, Scott Hoberg has spent 15 years helping Ohio families put their end-of-life wishes into a document that holds up. He has been recognized as an Ohio Super Lawyers Rising Star in Estate Planning and Probate for five years running, from 2021 through 2025. Once your wishes are written the way Ohio law requires, your family already knows what to do, and so do your doctors.
Tell me what you want your family to know, and we will put it in writing together.
| Super Lawyers Rising Star 2021-2025 | 15 Years Serving Ohio Families | Published Estate Planning Author | Licensed in Ohio Since 2011 |
A living will is not the same as a last will and testament. It has nothing to do with who inherits your property. It only speaks for you while you are alive but unable to communicate, and only in specific medical situations.
In your living will, you decide:
Every one of those choices stays yours, as long as you put them in writing now, while you can.
Without a living will, your family has no document to point to. Doctors in Cincinnati will usually rely on whoever is available: a spouse, then adult children, then parents, roughly in that order, and if your family disagrees about your care, no single person automatically has the final say.
Even with a living will in place, Ohio does not let one physician decide when it takes effect.
Under Ohio Revised Code 2133.03, your attending physician and a second physician must both examine you and agree that you are in a terminal condition or a permanently unconscious state before your wishes take over your care. Without a living will, no similar safeguard exists to make sure anyone follows what you wanted.
When a family cannot agree, and there is no living will or health care power of attorney, the disagreement can end up in front of the Hamilton County Probate Court, where a judge decides who has authority to act for you.
That is a public court process, at a moment when your family is already grieving.
This reflects Ohio law as of August 2026.
This is how we can build your living will together, step by step.
You do the deciding. We make sure the paperwork holds up when it matters.
A living will only applies once you are in a terminal condition or a permanently unconscious state and can no longer decide for yourself, and it speaks only to life-sustaining treatment. A health care power of attorney names a person who can make any medical decision for you, in far more situations, starting as soon as you cannot decide for yourself. Most Cincinnati families benefit from having both, since each one covers a gap the other leaves open.
Yes, in most cases. Your agent under a health care power of attorney still needs to know what you want. A living will puts those wishes in your own words, instead of leaving your agent to guess during one of the hardest moments of their life.
No. Ohio’s living will law applies the same way across Hamilton, Butler, and every other county in the state. If a dispute over your care ever needed a judge, West Chester and Liberty Township families would generally end up in Butler County Probate Court instead of Hamilton County, but the document itself works exactly the same.
The cost depends on whether you need a living will on its own or as part of a full estate plan with a will, trust, or health care power of attorney. We give you a clear price after we talk through what you need, so there are no surprises.
Yes. You can revoke or update your living will at any time, as long as you are still of sound mind. Most people update theirs after a major health change, a divorce, or the loss of someone they had named in the document.
Ohio requires either two adult witnesses who are not related to you by blood, marriage, or adoption, and are not your doctor or nursing home administrator, or a notary public in place of witnesses. We handle the signing with you so it is done correctly the first time.
Most states recognize an Ohio living will as long as it was validly executed here, though the exact rules vary. If you spend significant time in another state, tell us so we can review whether anything additional is worth adding.
If your question is not answered here, ask us directly. It is easier to talk it through than to guess.
You do not have to wait for a diagnosis or a health scare to put this in writing. The best time to decide is now, while you are healthy and thinking clearly, not in the middle of a crisis. Contact Hoberg Law today to schedule a consultation, and let’s put your wishes into a living will that your family and your doctors will be able to follow.
call for a consultation(513) 653-4587

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