Ohio Code § 2135.05

Ohio Code § 2135.05. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 2135.05.

(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.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 2135.05
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 2135.05 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 2135.05 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

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