§ 16-36-1-5 — Persons authorized to consent for incapable parties; minors

(a) If an adult incapable of consenting under
section 4 of this chapter has not appointed a health care representative
under section 7 of this chapter or the health care representative
appointed under section 7 of this chapter is not reasonably available or
declines to act, except as provided in sections 9 and 9.5 of this chapter,
consent to health care may be given in the following order of priority:
(1) A judicially appointed guardian of the person or a
representative appointed under section 8 of this chapter.
(2) A spouse.
(3) An adult child.
(4) A parent.
(5) An adult sibling.
(6) A grandparent.
(7) An adult grandchild.
(8) The nearest other adult relative in the next degree of kinship
who is not listed in subdivisions (2) through (7).
(9) A friend who:
(A) is an adult;
(B) has maintained regular contact with the individual; and
(C) is familiar with the individual's activities, health, and
religious or moral beliefs.
(10) The individual's religious superior, if the individual is a
member of a religious order.
(b) Consent to health care for a minor not authorized to consent
under section 3 of this chapter may be given by any of the following:
(1) A judicially appointed guardian of the person or a
representative appointed under section 8 of this chapter.
(2) A parent or an individual in loco parentis if:
(A) there is no guardian or other representative described in
subdivision (1);
(B) the guardian or other representative is not reasonably
available or declines to act; or
(C) the existence of the guardian or other representative is
unknown to the health care provider.
(3) An adult sibling of the minor if:
(A) there is no guardian or other representative described in
subdivision (1);
(B) a parent or an individual in loco parentis is not reasonably
available or declines to act; or
(C) the existence of the parent or individual in loco parentis is
unknown to the health care provider after reasonable efforts are
made by the health care provider to determine whether the
minor has a parent or an individual in loco parentis who is able
to consent to the treatment of the minor.
(4) A grandparent of the minor if:
(A) there is no guardian or other representative described in
subdivision (1);
(B) a parent, an individual in loco parentis, or an adult sibling
is not reasonably available or declines to act; or
(C) the existence of the parent, individual in loco parentis, or
adult sibling is unknown to the health care provider after
reasonable efforts are made by the health care provider to
determine whether the minor has a parent, an individual in loco
parentis, or an adult sibling who is able to consent to the
treatment of the minor.
(c) A representative delegated authority to consent under section 6
of this chapter has the same authority and responsibility as the
individual delegating the authority.
(d) An individual authorized to consent for another under this
section shall act in good faith and in the best interest of the individual
incapable of consenting.
(e) If there are multiple individuals at the same priority level under
this section, those individuals shall make a reasonable effort to reach
a consensus as to the health care decisions on behalf of the individual
who is unable to provide health care consent. If the individuals at the
same priority level disagree as to the health care decisions on behalf of
the individual who is unable to provide health care consent, a majority
of the available individuals at the same priority level controls.
[Pre-1993 Recodification Citation: 16-8-12-4.]

Legislative History

As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015, SEC.6; P.L.54-2017, SEC.1; P.L.67-2018, SEC.3.