§ 16-36-5-22 — Petition for review

(a) A person may challenge the validity of
an out of hospital DNR declaration and order by filing a petition for
review in a court in the county in which the declarant resides.
(b) A petition filed under subsection (a) must include the name and
address of the declarant's attending physician, advanced practice
registered nurse, or physician assistant.
(c) A court in which a petition is filed under subsection (a) may
declare an out of hospital DNR declaration and order void if the court
finds that the out of hospital DNR declaration and order was executed:
(1) when the declarant was incapacitated due to insanity, mental
illness, mental deficiency, duress, undue influence, fraud,
excessive use of drugs, confinement, or other disability;
(2) contrary to the declarant's wishes; or
(3) when the declarant was not a qualified person.
(d) If a court finds that the out of hospital DNR declaration and
order is void, the court shall cause notice of the finding to be sent to the
declarant's attending physician, advanced practice registered nurse, or
physician assistant.
(e) Upon notice under subsection (d), the declarant's attending
physician, advanced practice registered nurse, or physician assistant
shall follow the procedures under section 18(e) of this chapter.

Legislative History

As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.57.