Ohio Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Ohio who cannot decide: an agent, a guardian, or Ohio's default surrogate order. Runs in your browser; nothing is stored.

Ohio law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Ohio

  1. With no agent and no guardian, this state's default surrogate law applies only to some decisions or settings (see the scope below). Outside that scope, someone may need a court appointment.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Ohio's default surrogate order

  1. The guardian, if there is one (No guardian needs to be appointed)
  2. Spouse (Not if a divorce, dissolution, separation or annulment is pending, among other disqualifiers)
  3. An adult child, or a majority of available adult children
  4. The parents
  5. An adult sibling, or a majority of available adult siblings
  6. The nearest other adult related by blood or adoption (Must be available within a reasonable time)
What it covers
Covers only written, witnessed consent to withhold or withdraw life-sustaining treatment from an adult in a terminal condition, or permanently unconscious for at least 12 months, who has no declaration or health care power of attorney.
If more than one person is in the same group
Adult children and adult siblings act by majority of those available. An even split within a class does not pass the decision to the next class.
Who decides the person cannot decide
The attending physician and one other examining physician must find the terminal or permanently unconscious condition and that the patient cannot make informed decisions.
Limits
  • Consent is valid only if it matches the patient's previously expressed intention, where there is one.
  • A spouse in a pending divorce, a person under a protection order protecting the patient, and some others are treated as not competent to decide.
  • A family member in a listed class may object and file in probate court within a short deadline.
  • Treatment cannot be withheld if it would end a pregnancy unless two physicians find the fetus would not be born alive.
  • There is no friend or unmarried-partner class; the last class is a relative by blood or adoption.

Source: Ohio Rev. Code 2133.08 · Checked October 26, 2026

Narrower laws in this state

  • Ohio Rev. Code 2133.09: Withdrawing nutrition and hydration under 2133.08 needs extra steps, including both physicians finding it will no longer provide comfort or relieve pain.

Next steps

Who decides in Ohio without a power of attorney?

Ohio's default surrogate law (Ohio Rev. Code 2133.08) covers only some decisions or settings. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (not if a divorce, dissolution, separation or annulment is pending, among other disqualifiers).

Ohio's default surrogate law in full

Ohio's default surrogate order

  1. The guardian, if there is one (No guardian needs to be appointed)
  2. Spouse (Not if a divorce, dissolution, separation or annulment is pending, among other disqualifiers)
  3. An adult child, or a majority of available adult children
  4. The parents
  5. An adult sibling, or a majority of available adult siblings
  6. The nearest other adult related by blood or adoption (Must be available within a reasonable time)
What it covers
Covers only written, witnessed consent to withhold or withdraw life-sustaining treatment from an adult in a terminal condition, or permanently unconscious for at least 12 months, who has no declaration or health care power of attorney.
If more than one person is in the same group
Adult children and adult siblings act by majority of those available. An even split within a class does not pass the decision to the next class.
Who decides the person cannot decide
The attending physician and one other examining physician must find the terminal or permanently unconscious condition and that the patient cannot make informed decisions.
Limits
  • Consent is valid only if it matches the patient's previously expressed intention, where there is one.
  • A spouse in a pending divorce, a person under a protection order protecting the patient, and some others are treated as not competent to decide.
  • A family member in a listed class may object and file in probate court within a short deadline.
  • Treatment cannot be withheld if it would end a pregnancy unless two physicians find the fetus would not be born alive.
  • There is no friend or unmarried-partner class; the last class is a relative by blood or adoption.

Source: Ohio Rev. Code 2133.08 · Checked October 26, 2026

Narrower laws in this state

  • Ohio Rev. Code 2133.09: Withdrawing nutrition and hydration under 2133.08 needs extra steps, including both physicians finding it will no longer provide comfort or relieve pain.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Ohio if there is no power of attorney?

Ohio's default surrogate law (Ohio Rev. Code 2133.08) covers only some decisions or settings. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (not if a divorce, dissolution, separation or annulment is pending, among other disqualifiers). The full order, tie rule and limits are in Ohio Rev. Code 2133.08.

Does next of kin in Ohio have authority over money?

No default surrogate law covers money. In Ohio, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Ohio law checked against the official text on October 26, 2026.

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