§ 16-36-4-8 — Life prolonging procedures will declarations; living will declarations

(a) A person who is of sound mind and is at
least eighteen (18) years of age may execute a life prolonging
procedures will declaration under section 11 of this chapter or a living
will declaration under section 10 of this chapter.
(b) A declaration under section 10 or 11 of this chapter must meet
the following conditions:
(1) Be voluntary.
(2) Be in writing.
(3) Be signed by the person making the declaration or by another
person in the declarant's presence and at the declarant's express
direction.
(4) Be dated.
(5) Be signed in the presence of at least two (2) competent
witnesses who are at least eighteen (18) years of age or a notary
public.
(c) A witness to a living will declaration under subsection (b)(5)
may not meet any of the following conditions:
(1) Be the person who signed the declaration on behalf of and at
the direction of the declarant.
(2) Be a parent, spouse, or child of the declarant.
(3) Be entitled to any part of the declarant's estate whether the
declarant dies testate or intestate, including whether the witness
could take from the declarant's estate if the declarant's will is
declared invalid.
(4) Be directly financially responsible for the declarant's medical
care.
For the purposes of subdivision (3), a person is not considered to be
entitled to any part of the declarant's estate solely by virtue of being
nominated as a personal representative or as the attorney for the estate
in the declarant's will.
(d) The living will declaration of a person diagnosed as pregnant by
the attending physician has no effect during the person's pregnancy.
(e) The life prolonging procedures will declarant or the living will
declarant shall notify the declarant's attending physician of the
existence of the declaration. An attending physician who is notified
shall make the declaration or a copy of the declaration a part of the
declarant's medical records.
(f) A living will declaration under section 10 of this chapter:
(1) does not require the physician to use, withhold, or withdraw
life prolonging procedures but is presumptive evidence of the
patient's desires concerning the use, withholding, or withdrawal
of life prolonging procedures under this chapter; and
(2) shall be given great weight by the physician in determining the
intent of the patient who is mentally incompetent.
(g) A life prolonging procedures will declaration under section 11
of this chapter does require the physician to use life prolonging
procedures as requested.
[Pre-1993 Recodification Citation: 16-8-11-11.]

Legislative History

As added by P.L.2-1993, SEC.19. Amended by P.L.38-2023, SEC.1.