There is a legal arrangement, called a “durable power of attorney,†which gives a named individual authority to make decisions related to an incapacitated patient’s health care. Under Indiana durable power of attorney laws, the named individual (or "attorney-in-fact") is granted the ability to make decisions related to care, treatment, and whether to continue life support. For example, a durable power of attorney can allow the named person to decide whether or not the patient should remain connected to a respirator. However, if these decisions are made in a living will, those must be honored.
Indiana Durable Power of Attorney Laws at a Glance
Indiana durable power of attorney laws are highlighted below, along with details about the specific powers, legal requirements, revocation, and state-to-state validity. SeePower of Attorney for Healthcare and Living Willsto learn more.
| Code Section | 16-36-1-1, et seq. Health Care Consent |
| Specific Powers, Life-Prolonging Acts | Appoint a representative to act in matters affecting the appointer's health care: any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition including admission to a health care facility and disclosure of medical records to health care provide; this appointment does not affect individual's authorization re: life-prolonging measures (i.e. a living will) |
| Legal Requirements for Durable Power of Attorney | (1) In writing; (2) signed by appointer; (3) witnessed by adult; (4) may specify conditions and terms of the authority delegated; (5) begins when appointer becomes incapable of consenting |
| Revocation of Durable Power of Attorney | Individual capable of consenting to health care may revoke appointment at any time by notifying representative or health care provider orally or in writing. Individual who may consent to his own health care may disqualify others from consenting or revoking appointment for the individual (disqualification must be in writing) |
| Validity from State-to-State | - |
| If Physician Unwilling to Follow Durable Power of Attorney | - |
| Immunity for Attending Physician | No criminal, civil, or professional liability for a physician acting in good faith in reliance on the agent's direction |
Indiana Durable Power of Attorney Laws: Related Resources
Powers of attorney, especially in the health care context, are serious matters and can be confusing. If you would like legal assistance with a power of attorney matter, you can contact an Indiana estate planning attorney in your area. You can also visit FindLaw’s Living Wills and Power of Attorney section for more comprehensive articles and resources on this topic.
