According to Indiana law, an adult may prepare a written Directive to control the health care treatment decisions that can be made on that person behalf
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Indiana power of attorney for health care (medical power of attorney) gives the person you name as your agent the authority to make any and all health care decisions for you in accordance with your wishes |
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You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.
Because your health care providers in some cases may not have had the opportunity to establish a long-term relationship with you, they are often unfamiliar with your beliefs and values and the details of your family relationships. This poses a problem if you become physically or mentally unable to make decisions about your health care. In order to avoid this problem, you may sign the Health Care Power of Attorney. A Durable Power of Attorney for Health Care designates your agent, or "attorney in fact”, to act for you under a power of attorney. 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 Agent of 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 Indiana Power of Attorney for Health Care revokes any prior power of attorney for health care. Do not sign this document unless you clearly understand it. It is suggested that you keep the original of this document on file with your physician and family members. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES: (1) the person you have designated as your Health Care Agent;(2) a person related to the Principal by blood or marriage; (3) a person entitled to any part of the Principal’s estate after the Principal’s death under a will or codicil executed by the Principal or by operation of law; (4) the Principal’s attending physician; (5) an employee of the Principal’s attending physician; (6) an employee of a health care facility in which the Principal is a patient if the employee is providing direct patient care to the Principal or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or (7) a person who, at the time this power of attorney is executed, has a claim against any part of the Principal’s estate after his or her death. A Principal may revoke this Indiana Durable Power of Attorney for Health Care at any time. |
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