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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 29. An advance directive signed by a declarant under this section may contain any of the following additional provisions:
(1) A provision that delays:
(A) the effectiveness of an instruction or decision by the declarant; or
(B) the effectiveness of the authority of a designated health care representative;
until a stated date or the occurrence of a specifically defined event.
(2) If the advance directive explicitly provides that a health care decision or instruction or the authority of one (1) or more health care representatives is to be effective upon the future incapacity, disability, or incompetence of the declarant, a provision that:
(A) specifies the person or persons who are authorized to participate in the determination of incapacity, disability, or incompetence and the evidence or information to be used for the determination;
(B) is not more stringent than the procedure described in section 35 of this chapter; and
(C) does not allow a medical determination by a physician, psychologist, or other health care professional to be superseded by the subjective judgment or veto of another person or by nonmedical evidence regarding the declarant's capacity or incapacity.
(3) A provision that terminates the authority of a designated health care representative on:
(A) a stated date; or
(B) upon the occurrence of a specifically defined event.
(4) A provision that designates two (2) or more health care representatives as having authority to act individually to make health care decisions for the declarant in a specified order of priority.
(5) A provision that designates two (2) or more health care representatives and permits them to act individually and independently, or that requires them to act jointly, on a majority vote basis, or under a combination of requirements to make all health care decisions or specified health care decisions for the declarant. The advance directive may include a provision for a successor health care representative to act according to different requirements.
(6) A provision that states a fee or presumptive reasonable hourly rate for the compensation that a health care representative may collect for acting on behalf of the declarant or providing caregiving services to the declarant.
(7) A provision that prohibits a health care representative from collecting compensation for acting under the advance directive.
(8) A provision that requires a professional adviser or other additional person to witness, ratify, or approve the declarant's revocation or amendment of a designation of one (1) or more health care representatives within the advance directive.
(9) A provision that:
(A) prohibits a designated health care representative from consenting to mental health treatment for the declarant; or
(B) designates a different health care representative to consent to mental health treatment.
(10) A provision that designates an adult individual or another person as an advocate with the authority to:
(A) receive:
(i) health information about the declarant; and
(ii) information and documents from a health care representative about the health care representative's actions on behalf of the declarant;
(B) monitor, audit, and evaluate the actions of a health care representative designated by the declarant; and
(C) take remedial action in the best interests of the declarant, including revoking or limiting the authority of any health care representative or filing a petition with a court for appropriate relief.
(11) Any other provision concerning the:
(A) declarant's health care or health information; or
(B) implementation of the declarant's advance directive.
Cite this article: FindLaw.com - Indiana Code Title 16. Health § 16-36-7-29 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-16-health/in-code-sect-16-36-7-29/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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