Indiana § 16-36-4-14 Presumptions

Indiana Statutes

§ 16-36-4-14 — Presumptions

Indiana § 16-36-4-14

Title 16HEALTH

Art. 36MEDICAL CONSENT

Ch. 4Living Wills and Life Prolonging Procedures

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Bluebook

Ind. Code § 16-36-4-14 (2026).

Text

If the qualified patient who executed a living
will declaration is incompetent at the time of the decision to withhold
or withdraw life prolonging procedures, a living will declaration
executed in accordance with this chapter is presumed to be valid. For
purposes of this chapter, a health care provider may presume in the
absence of actual notice to the contrary that the declarant was of sound
mind when the living will declaration was executed. The fact that the
declarant executed a declaration may not be considered as an indication
of a declarant's mental incompetency.
[Pre-1993 Recodification Citation: 16-8-11-15.]

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If the qualified patient who executed a living
will declaration is incompetent at the time of the decision to withhold
or withdraw life prolonging procedures, a living will declaration
executed in accordance with this chapter is presumed to be valid. For
purposes of this chapter, a health care provider may presume in the
absence of actual notice to the contrary that the declarant was of sound
mind when the living will declaration was executed. The fact that the
declarant executed a declaration may not be considered as an indication
of a declarant's mental incompetency.
[Pre-1993 Recodification Citation: 16-8-11-15.]