§ 16-36-6-13 — Petition for relief; court authority

Indiana § 16-36-6-13

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 36: MEDICAL CONSENT
• Ch. 6: Physician Order for Scope of Treatment (POST)

Text

(a) A health care provider, a health care
facility, or an interested person that believes that following the medical
orders set forth in the POST form will result in care or treatment, or the
withholding of care or treatment, that:
(1) is inconsistent with the declarant's known preferences; or
(2) in the absence of the declarant's known preferences, is not in
the declarant's best interest;
may seek relief under IC 16-36-1-8 by petitioning the probate court in
the county where the declarant is located.
(b) If, in a proceeding sought under subsection (a), a probate court
determines that following the medical orders in the declarant's POST
form will result in care or treatment, or the withholding or withdrawal
of care or treatment, that:
(1) is inconsistent with the declarant's known preferences; or
(2) in the absence of the declarant's known preferences, is not in
the declarant's best interest;
the probate court may order any of the relief available under IC 16-36-1-8.

Legislative History

As added by P.L.164-2013, SEC.8. Amended by P.L.81-2015, SEC.14.