§ 16-36-1-4 — Incapacity to consent; invalid consent

(a) An individual described in section 3 of this
chapter may consent to health care unless, in the good faith opinion of
the attending physician, the individual is incapable of making a
decision regarding the proposed health care.
(b) A consent to health care under section 5, 6, or 7 of this chapter
is not valid if:
(1) the health care provider has knowledge that the individual has
indicated contrary instructions in regard to the proposed health
care; and
(2) the individual has not been determined to be incapable of
consenting to health care by:
(A) an order of a probate court under section 8 of this chapter;
or
(B) the individual's attending physician under subsection (a).
[Pre-1993 Recodification Citation: 16-8-12-3.]

Legislative History

As added by P.L.2-1993, SEC.19. Amended by P.L.50-2021, SEC.36.