Power of Attorney and Health Care – General – Indiana

LIVING WILL DECLARATION
and
LIFE PROLONGING PROCEDURES DECLARATION
(§§ 16-36-4-1 through 16-36-4-21)

A “life prolonging procedure” is any medical procedure, treatment, or intervention that does the following:

Uses mechanical or other artificial means to sustain, restore, or supplant a vital function.

Serves to prolong the dying process.

“Life prolonging procedure” does not include the performance or provision of any medical procedure or medication necessary to provide comfort care or to alleviate pain.

A “life prolonging procedures will declarant” means a person who
has executed a life prolonging procedures will declaration under §16-36-4-11.

A “living will declarant” is a person who has executed a living will declaration under §16-36-4-10.

A “qualified patient” is a patient who has been certified as a qualified patient under §16-36-4-13.

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 person who is of sound mind and is at least eighteen years of age may execute a life prolonging procedures will declaration under §16-36-4-11 or a living will declaration under §16-36-4-10.

A life prolonging procedures will declaration under 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:

Be the person who signed the declaration on behalf of and at the direction of the declarant.

Be a parent, spouse, or child of the declarant.

Be entitled to any part of the declarant’s estate whether the declarant dies testate or intestate, including whether the witness could take from the declarant’s estate if the declarant’s will is declared invalid.

Be directly financially responsible for the declarant’s medical care.

The living will declaration of a person diagnosed as pregnant has no effect during the person’s pregnancy.

A declaration must be substantially in the form set forth in either §16-36-4-11 or §16-36-4-10. The invalidity of any additional, specific directions does not affect the validity of the declaration.

A living will declaration or a life prolonging procedures will 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 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.

UNIFORM ANATOMICAL GIFT ACT
(§§ 29-2-16-1 through 29-2-16-16)

Any individual of sound mind and eighteen years of age or more, or less than eighteen (18) years of age who obtains the consent of the individual’s parent or guardian as required under IC 9-24-17-7, may give all or any part of the individual’s body for any purpose specified in 29-2-16-3. The gift takes effect upon death.

A gift of all or part of the body may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.

A gift of all or part of the body may also be made by document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor.

If the will, card or other document of gift or executed copy thereof, has been delivered to a specified donee, the donor may amend or revoke the gift by:

the execution and delivery to the donee of a signed statement, or

an oral statement made in the presence of two persons and communicated to the donee, or

a statement during a terminal illness or injury addressed to an attending physician and communicated to the donee, or

a signed card or document found on his person or in his effects.

Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out above or by destruction, cancellation or mutilation of the document and all executed copies of the document.

Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills, or as set out above.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.