16-36-7-42. Decisions Made by Proxy
Sec. 42. (a) For purposes of this section, the term “declarant” includes an individual who has not executed an advance directive or who does not have an advance directive currently in effect. (b) This section applies only if a declarant is not capable of consenting to health care, and: (1) the declarant has not executed […]
16-36-7-43. Individuals Who May Not Serve as Proxy
Sec. 43. The following individuals may not serve as a proxy under section 42 of this chapter: (1) An individual specifically disqualified in the declarant’s advance directive. (2) A spouse who: (A) is legally separated from the declarant; or (B) has a petition for dissolution, legal separation, or annulment of marriage from the declarant that […]
16-36-7-44. Material Conflict Between Multiple Documents
Sec. 44. If a declarant has become and remains incapacitated and has previously executed a valid advance directive under this chapter and executed: (1) an appointment of a health care representative executed under IC 16-36-1 before January 1, 2023; (2) a durable power of attorney granting health care powers and executed under IC 30-5 before […]
16-36-7-39. Access to Health Information
Sec. 39. (a) A health care provider shall give a health care representative authorized to receive information under an advance directive the same access as the declarant has to examine and copy the declarant’s health information and medical records, including records relating to mental health and other medical conditions held by a physician or other […]
16-36-7-40. Immunity for Health Care Provider; Validity of Advance Directive
Sec. 40. (a) A health care provider or other person who acts in good faith reliance on an advance directive or on a health care decision made by a health care representative with apparent authority is immune from liability to the declarant and to the declarant’s heirs or other successors in interest to the same […]
16-36-7-41. Affidavit; Requirements; Immunity
Sec. 41. (a) A health care representative designated in an advance directive or a person who was present during the signing of the advance directive may furnish to a health care provider or other person an affidavit that states, to the best knowledge of the health care representative: (1) that the document attached to and […]
16-36-7-26. “Written”; “Writing”
Sec. 26. As used in this chapter, “written” and “writing” include the use of any method to inscribe information in or on a tangible medium or to store the information in an electronic or other medium that can retrieve, view, and print the information in perceivable form. As added by P.L.50-2021, SEC.63.
16-36-7-27. Consent for Own Health Care; Minor’s Blood Donation; Conflicts; Reliance by Health Care Provider
Sec. 27. (a) Except when an individual has been determined to be incapacitated under section 35 of this chapter, an individual may consent to the individual’s own health care if the individual is: (1) an adult; or (2) a minor, and: (A) is emancipated; (B) is: (i) at least fourteen (14) years of age; (ii) […]
16-36-7-28. Advance Directive; Signature; Witnesses; Acknowledgement; Counterparts; Telephonic Interaction; Validity
Sec. 28. (a) An advance directive signed by or for a declarant under this section may accomplish or communicate one (1) or more of the following: (1) Designate one (1) or more competent adult individuals or other persons as a health care representative to make health care decisions for the declarant or receive health information […]
16-36-7-29. Additional Provisions That May Be Included in Advance Directive
Sec. 29. An advance directive signed by a declarant under this section may contain any of the following additional provisions: (1) A provision that delays: (A) the effectiveness of an instruction or decision by the declarant; or (B) the effectiveness of the authority of a designated health care representative; until a stated date or the […]