According to Indiana Code, an adult may prepare a written statement known as a Advance Directive to control the health care treatment decisions that can be made on that person behalf
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According to Indiana law, an Advance Health Care Directive (AHCD) means a witnessed written document in which instructions are given by an individual 18 years of age or older and of sound mind (Principal) or in which the Principal's desires are expressed concerning any aspect of the principal's health care.
By stating your healthcare choices in an advance directive, you help your family and physician understand your wishes about your medical care.
Legal Helpmate® provides you with two options
1) The Premium Package - Indiana Advance Health Care Directive contains the following documents:
- Indiana Living Will Declaration with organ donation provision
- Indiana Durable Power of Attorney for Health Care
- Durable Springing Power of Attorney for Property and Finance
2) The Basic Package - Indiana Advance Health Care Directive contains the following documents:
- Indiana Living Will Declaration with organ donation provision
- Indiana Durable Power of Attorney for Health Care
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.
Durable Power of Attorney for Health Care
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 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.
Do not sign these documents unless you clearly understand it. It is suggested that you keep the original of this Indiana Advance Directive 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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How a Health Care Declaration and Health Care Power of Attorney Work
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Help Doctors with a Living Will
In 1969 an attorney (Louis Kutner) came up with the idea of a living will. It was response to paranoid ...
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