Advance health care directives are not required. However it is highly recommended. Without the Indiana advance directive you can not communicate your wishes to the doctor
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Indiana law allows any competent adult may execute a document: living will (Life-Prolonging Procedures Declaration) or power of attorney for health care, directing that life-sustaining procedures be withheld or withdrawn |
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An Advance Health Care Directive is found in Indiana Code paragraph 16-36-4 and 16-36-1.7. Indiana law allows you to write either of two kinds of advance directive: Living Will or Life-Prolonging Procedures Declaration; or designate your agent in Durable Power of Attorney for Health Care. The Living Will Declaration is used to tell your doctor and family members what kind of life-prolonging treatment shall or shall not be used if you become terminally ill or unconscious so that you are allowed to die naturally. Among types of treatment discussed in a Living Will Declaration are: artificial hydration, ventilation, blood transfusion, cardiac resuscitation. You may also express your desires regarding donation of your organs. You must sign your Living Will in the presence of two witnesses. An attending physician who refuses to use, withhold, or withdraw life prolonging procedures from a qualified patient shall transfer the qualified patient to another physician who will honor the patient's Living Will Declaration or life prolonging procedures will declaration unless:
Life-Prolonging Procedures Declaration Life-Prolonging Procedures Declaration is a statutory document in Indiana.This short document is used to let your medical providers and family know that you want all life-prolonging medical treatments used to extend your life in the event you have an incurable injury, disease or illness. You may issue this document alone, or you may state your wishes regarding keeping you alive in your Living Will Declaration as well. The Life-Prolonging Procedures Declaration also must be witnessed by two independent witnesses.
You name another individual as an agent to make health care decisions for you if you do not have the capacity to make your own decisions or if you want someone else to make these decisions for you now, even though you still have the capacity to make those decisions. You may name an alternate agent to act for you if your first choice is not willing, able, or reasonably available to make decisions for you. Unless related to you, your agent may not be an owner, operator, or employee of a health care institution where you are receiving care. The agent must be at least 18 years or older and have the capacity to make decisions for you. Unless the form you sign limits the authority of your agent, your agent may make all health care decisions for you that you could legally make for yourself. This form has a place for you to limit the authority of your agent. You do not have to limit the authority of your agent if you wish to rely on your agent for all health care decisions that may have to be made. If you do not have an Advance Directive and are unable to communicate your health related wishes, Indiana law allows any member of your immediate family (your spouse, parent, adult child, sibling) to make this decision for you. If none of your family members is available then the court will appoint a lay person to make a choice for you. The power of attorney for health care is effective when it is signed, witnessed and accepted by your attorney in fact (Agent). Execution of a valid power of attorney for health care revokes any prior power of attorney for health care. Before signing one of these important documents you need to discuss your treatment with your physician in as many details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Before you start working on your Indiana Health Care Directive you need to know the following terms: “Health care” is any medical care, treatment, service, or procedure to maintain, diagnose, treat, or provide for the principal's physical or mental well-being. The term includes the providing of nutrition and hydration through intravenous, endotracheal, or nasogastric tubes. The In diana Advance Directives mentioned above may be used separately or together. You are not required to have these directives. No one can discriminate against you for signing or not signing an Advance Directive. A “life prolonging procedure” is any medical procedure, treatment, or intervention that does the following:
A “terminal condition” is a condition caused by injury, disease, or illness from which, to a reasonable degree of medical certainty there can be no recovery and death will occur from the terminal condition within a short period of time without the provision of life prolonging procedures. A life prolonging procedures declaration or a Living Will Declaration must meet the following conditions: be voluntary; be in writing; be signed by the person making the declaration or by another person in the declarant's presence and at the declarant's express direction; be dated; be signed in the presence of at least two competent witnesses who are at least eighteen years of age. A witness to a Living Will Declaration cannot:
The invalidity of one of the provisions of your Indiana Advance Directive does not affect the validity of the declaration. The Indiana Living Will Declaration or a Life Prolonging Procedures Declaration may be revoked at any time by the declarant by any of the following: a signed, dated writing; physical cancellation or destruction of the declaration by the declarant or another in the declarant's presence and at the declarant's direction; an oral expression of intent to revoke. A revocation is effective when communicated to the attending physician. If the qualified patient who executed a Indiana Living Will Declaration is incompetent at the time of the decision to withhold or withdraw life prolonging procedures, a properly executed Living Will Declaration is presumed to be valid. If there is anything about these forms that you do not understand, you should ask a lawyer to explain it to you. |
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