Indiana Advance Directive Form [PDF]

The advance directive for healthcare in Indiana presents instructions or wishes expressed by an individual (the declarant) regarding their health care and information, as defined by the Indiana Code. Indiana healthcare advance directive can include the following three documents:

Living will. It specifies the individual's preferences for medical treatment, such as decisions about surgeries and other medical procedures.
Designation of a healthcare representative. This document, also known as a durable medical power of attorney, allows the declarant to name an agent who will make medical decisions on their behalf in the event of incapacity.
Anatomical gift. This outlines the individual's wishes regarding organ donation.

Signing Requirements for Indiana Advance Health Care Directive

As stated in Section 16-36-7-28, an advance health care directive must be signed in one of the following ways:

Signing Requirements for Indiana

By the declarant. The declarant signs in the presence of two adult witnesses or a notary public.
By another individual. If someone signs on behalf of the declarant, it must be done at the declarant's direction, in their presence, and in front of two witnesses or a notary.

For a directive to be valid, at least one witness must not be a relative or spouse of the declarant.

Indiana Advance Health Care Directive Revocation & Changing

An Indiana advance directive is effective once it is issued and can specify whether it takes effect immediately or only when the declarant is unable to make their own health care decisions.

According to Section 16-36-7-32, the declarant can revoke the health care advance directive in several ways:

Directive Revocation and Changes

By signing a new advance directive that complies with legal requirements
By creating a written document stating that they are revoking the old directive
By verbally expressing the intention to revoke the directive or specific parts of it in front of a health care provider

After revoking, the declarant must inform an agent and health care provider about it, or their decisions based on the old directive will remain valid.

Additional Legal Considerations for the Indiana Advance Health Care Directive

According to Section 16-36-7-29, an advance directive for health care can include extra provisions to customize health care decisions. For example, it can delay when decisions take effect or specify how to determine if someone is incapacitated. It can also name multiple agents and explain how they should act, either together or separately.

Moreover, as stated in Section 16-36-7-31, a complete copy of a signed and witnessed or notarized advance directive must be provided to each designated health care proxy who has the authority to make health care decisions.

Section 16-36-7-33 allows a designated health care agent to delegate their authority to another competent adult if the advance directive does not explicitly prohibit this. The delegation must be in writing, signed, and witnessed.

Finally, Section 16-36-7-44 states that if the declarant becomes incapacitated and has previously created a valid advance directive, along with a health care agent appointment or a durable power of attorney, the latest signed document will take advantage. This applies in cases where there are any conflicts between the documents.

How to Choose a Health Care Agent in Indiana

When selecting an Indiana health care proxy, the person must be at least 18 years old and mentally capable of making decisions on the declarant's behalf. It’s essential to choose someone trustworthy who understands your value and is willing to represent your health care preferences. An agent can be your family member, close friend, or attorney.

On the other hand, Section 16-36-7-43 determines certain individuals who cannot serve as your agent, such as:

Anyone specifically disqualified in your advance directive
Spouse who is legally separated or has a pending divorce
Someone under a protective order against you
Individuals facing criminal charges where you are the alleged victim.

What Happens if You Don’t Have an Advance Directive in Indiana?

If you don’t have an advance directive in Indiana, health care decisions may fall to your family members or a court-appointed guardian. This cannot guarantee that they will make a medical decision that aligns with your values, as they may not know what your medical preferences are. Additionally, doctors will apply standard procedures that may also conflict with your wishes.

Therefore, it is ideal to have an advance directive form as part of advance care planning, as this will help you ensure your wishes are clearly outlined and respected.