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 Living Will Declaration
Life-Prolonging Procedures Declaration
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.
A “living will” is a written document that puts into words your wishes in the event that you become terminally ill and unable to communicate. A living will is an advance directive that lists the specific care or treatment you want or do not want during a terminal illness.
The Indiana Living Will often includes directions for CPR, artificial nutrition, maintenance on a respirator, and blood transfusions. The Indiana Living Will Act is found at Indiana Code §16-36-4. This law allows you to write one of two kinds of advance directive.
Living Will Declaration
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:
- the physician has reason to believe the declaration was not validly executed or there is evidence that the patient no longer intends the declaration to be enforced; and
- the patient is presently unable to validate the declaration.
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.
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.
Do not sign these legal documents unless you clearly understand it. It is suggested that you keep the original of Living Will Declaration on file with your physician and family members.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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