§ 16-36-6-7 — Individuals who may complete a POST form; requirements; representative acting in good faith

(a) The following individuals may complete a
POST form:
(1) A qualified person who is:
(A) either:
(i) at least eighteen (18) years of age; or
(ii) less than eighteen (18) years of age but authorized to
consent under IC 16-36-1-3(a)(2) (except under IC 16-36-1-3(a)(2)(E)); and
(B) of sound mind.
(2) A qualified person's representative, if the qualified person:
(A) is less than eighteen (18) years of age and is not authorized
to consent under IC 16-36-1-3(a)(2); or
(B) has been determined to be incapable of making decisions
about the qualified person's health care by a treating physician,
advanced practice registered nurse, or physician assistant acting
in good faith and the representative has been:
(i) appointed by the individual under IC 16-36-1-7 to serve as
the individual's health care representative;
(ii) authorized to act under IC 30-5-5-16 and IC 30-5-5-17 as
the individual's attorney in fact with authority to consent to or
refuse health care for the individual;
(iii) appointed by a court as the individual's health care
representative under IC 16-36-1-8;
(iv) appointed by a court as the guardian of the person with
the authority to make health care decisions under IC 29-3; or
(v) appointed by the individual under IC 16-36-7 to serve as
the individual's health care representative.
(3) Any individual who is the qualified person's proxy under IC 16-36-7-42(c) and who is available to act and has priority to act,
if the qualified person:
(A) has been determined to be incapable of making decisions
about the qualified person's health care by a treating physician,
advanced practice registered nurse, or physician assistant acting
in good faith; and
(B) has no representative who is described in subdivision (2)
who is able and available to act for the qualified person.
(b) In order to complete a POST form, a person described in
subsection (a) and the qualified person's treating physician, advanced
practice registered nurse, or physician assistant or the physician's,
advanced practice registered nurse's, or physician assistant's designee
must do the following:
(1) Discuss the qualified person's goals and treatment options
available to the qualified person based on the qualified person's
health.
(2) Complete the POST form, to the extent possible, based on the
qualified person's preferences determined during the discussion
in subdivision (1).
(c) When completing a POST form on behalf of a qualified person,
a representative shall act:
(1) in good faith; and
(2) in:
(A) accordance with the qualified person's express or implied
intentions, if known; or
(B) the best interest of the qualified person, if the qualified
person's express or implied intentions are not known.
(d) A copy of the executed POST form shall be maintained in the
qualified person's medical file.

Legislative History

As added by P.L.164-2013, SEC.8. Amended by P.L.141-2014, SEC.16; P.L.67-2018, SEC.10; P.L.10-2019, SEC.72; P.L.139-2019, SEC.3; P.L.50-2021, SEC.60; P.L.86-2023, SEC.11.