30-5-7-1. Application of Chapter
Sec. 1. This chapter applies to a health care provider with whom an attorney in fact deals under a power of attorney. As added by P.L.149-1991, SEC.2.
30-5-9-4. Errors of Judgment; Actions or Defaults of Other Persons
Sec. 4. The attorney in fact is not liable for a loss due to an error of judgment or for the act or default of another person. As added by P.L.149-1991, SEC.2.
30-5-7-2. Medical Records
Sec. 2. (a) A health care provider furnished with a copy of a declaration under IC 16-36-4 or an appointment under IC 16-36-1 or IC 16-36-7 shall make the documents a part of the principal’s medical records. (b) If a change in or termination of a power of attorney becomes known to the health care […]
30-5-9-5. Exoneration Clauses
Sec. 5. The principal may provide in the power of attorney that the attorney in fact is liable only if the attorney in fact acts in bad faith. This exoneration is binding on the principal and the principal’s successors in interest. As added by P.L.149-1991, SEC.2.
30-5-7-3. Patient Lacking Capacity to Give Informed Consent; Consultation With Attorney in Fact
Sec. 3. Whenever a health care provider believes a patient may lack the capacity to give informed consent to health care the provider considers necessary, the provider shall consult with the attorney in fact who has power to act for the patient under IC 16-36-4, IC 16-36-1, IC 16-36-7, or this article. As added by […]
30-5-9-6. Successor Attorney in Fact Not Liable for Acts of Predecessor
Sec. 6. A successor attorney in fact who is named in a power of attorney to succeed an attorney in fact who fails or ceases to serve is not liable for the actions taken by a previous attorney in fact. As added by P.L.149-1991, SEC.2.
30-5-7-4. Compliance With Decision of Attorney in Fact; Comfort Care; Unwillingness to Comply
Sec. 4. (a) A health care provider shall comply with a health care decision made by an attorney in fact under a power of attorney if the decision is communicated to the provider. A health care provider may continue to administer treatment for the principal’s comfort care or the alleviation of pain in addition to […]
30-5-7-5. Access to Medical Records by Attorney in Fact; Release of Information
Sec. 5. (a) A health care provider shall give an attorney in fact authorized to receive information under a power of attorney the same access as the principal has to examine and copy the principal’s medical records, including records relating to mental health and other medical conditions held by a physician, psychiatrist, psychologist, therapist, hospital, […]
30-5-7-6. Anatomical Gifts, Autopsies, or Remains Disposition
Sec. 6. If a power of attorney authorizes the attorney in fact to: (1) make an anatomical gift on behalf of the principal; (2) authorize an autopsy of the principal’s remains; or (3) direct the disposition of the principal’s remains; the anatomical gift, autopsy, or remains disposition shall be considered the act of the principal […]
30-5-8-1. Effect of Acts Performed Under Power of Attorney
Sec. 1. All acts performed by an attorney in fact under a power of attorney have the same effect, provide the same benefit, and bind the principal and the principal’s successors in interest in the same manner as if the principal were competent, not incapacitated, and had acted on the principal’s own behalf. As added […]