How do I create an advance healthcare directive in Indiana?
1. Types Recognized
Indiana recognizes: (a) Living Will Declaration or Life-Prolonging Procedures Declaration (Ind. Code § 16-36-4), (b) Health Care Representative Appointment (Ind. Code § 16-36-1), (c) Psychiatric Advance Directive (Ind. Code § 16-36-1.7), (d) POST (Physician Orders for Scope of Treatment, Ind. Code § 16-36-6), and (e) DNR (Ind. Code § 16-36-5).
2. Statutory Form
Ind. Code § 16-36-4-10 provides a Living Will Declaration form and § 16-36-4-11 provides a Life-Prolonging Procedures Declaration form. Use is optional but recommended. Substantial compliance suffices.
3. Execution Formalities
LIVING WILL: 18+ and emotionally/mentally competent; signed in presence of TWO competent witnesses (Ind. Code § 16-36-4-8). Witnesses cannot be: parent/spouse/child of the declarant, entitled to estate, person directly financially responsible for care, attending physician, person who signed the declaration on behalf of declarant. HEALTH CARE REPRESENTATIVE: written, signed, and witnessed/notarized (§ 16-36-1-7).
4. Healthcare Representative Authority
Under Ind. Code § 16-36-1-8, the representative may make any healthcare decision the principal could make, including consent to/refusal of life-sustaining procedures and artificial nutrition/hydration. Authority begins when the principal is incapable of consenting (§ 16-36-1-5).
5. Pregnancy Clauses
Ind. Code § 16-36-4-8(d): a Living Will Declaration is INEFFECTIVE during pregnancy. This is an absolute statutory exclusion that has been the subject of litigation; it remains in force post-Dobbs.
6. Reciprocity
Ind. Code § 16-36-4-19 honors declarations executed in another state if in substantial compliance with Indiana law.
7. POST
Indiana POST (Ind. Code § 16-36-6) is a physician-signed order portable across care settings, for patients with serious illness or advanced frailty.
8. Revocation
Under Ind. Code § 16-36-4-9, the declaration is revocable at any time without regard to mental state, by: signed/dated written revocation, physical destruction, oral expression of intent communicated to attending physician.
9. Default Surrogate
Ind. Code § 16-36-1-5 sets consent priority for incapacitated patients without a representative: judicially appointed guardian > spouse > adult child > parent > adult sibling > grandparent > adult grandchild > adult niece/nephew > adult aunt/uncle.
This is legal information, not legal advice.
- Pregnancy clause under § 16-36-4-8(d) — absolute exclusion
- Need both Life-Prolonging and Living Will forms for clarity
- Disputes over consent priority under § 16-36-1-5
- Ind. Code § 16-36-4 (Living Will Declaration)
- Ind. Code § 16-36-1 (Health Care Representative)
- Ind. Code § 16-36-6 (POST)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.