§ 16-36-1-8 — Probate court petition; hearing; notice; findings

(a) A health care provider or any interested
person (as defined in IC 30-5-2-6) may petition the probate court in the
county where the individual who is the subject of the petition is present
for purposes of receiving health care to:
(1) make a health care decision or order health care for an
individual incapable of consenting; or
(2) appoint a representative to act for the individual.
(b) Reasonable notice of the time and place of hearing a petition
under this section must be given to the following:
(1) The individual incapable of consenting.
(2) Anyone having the care and custody of the individual.
(3) Those persons in the classes described in section 5 of this
chapter who are reasonably available and who are designated by
the court.
(c) The probate court may modify or dispense with notice and
hearing if the probate court finds that delay will have a serious, adverse
effect upon the health of the individual.
(d) The probate court may order health care, appoint a
representative to make a health care decision for the individual
incapable of consenting to health care with the limitations on the
authority of the representative as the probate court considers
appropriate, or order any other appropriate relief in the best interest of
the individual if the probate court finds the following:
(1) A health care decision is required for the individual.
(2) The individual is incapable of consenting to health care.
(3) There is no person authorized to consent or a person
authorized to consent to health care:
(A) is not reasonably available;
(B) declines to act; or
(C) is not acting in the best interest of the individual in need of
health care.
[Pre-1993 Recodification Citation: 16-8-12-7.]

Legislative History

As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015, SEC.9.