(a)As used in this chapter and with respect
to interactions between a declarant and a witness who signs or
participates in the signing of an advance directive or other document
under this chapter, "presence", "present", and "to be present" means
that throughout the process of signing and witnessing the advance
directive or other document the following must occur:
(1)The declarant and the witness are:
(A)directly present with each other in the same physical space;
(B)able to interact with each other in real time through the use
of any audiovisual technology now known or later developed;
or
(C)able to speak to and hear each other in real time through
telephonic interaction when:
(i)the identity of the declarant is personally known to the
witness;
(ii)the witness is able to view a gove
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(a) As used in this chapter and with respect
to interactions between a declarant and a witness who signs or
participates in the signing of an advance directive or other document
under this chapter, "presence", "present", and "to be present" means
that throughout the process of signing and witnessing the advance
directive or other document the following must occur:
(1) The declarant and the witness are:
(A) directly present with each other in the same physical space;
(B) able to interact with each other in real time through the use
of any audiovisual technology now known or later developed;
or
(C) able to speak to and hear each other in real time through
telephonic interaction when:
(i) the identity of the declarant is personally known to the
witness;
(ii) the witness is able to view a government issued,
photographic identification of the declarant; or
(iii) the witness is able to ask any question of the declarant
that authenticates the identity of the declarant and establishes
the capacity and sound mind of the declarant to the
satisfaction of the witness.
(2) The witnesses are able to positively identify the declarant by
viewing a government issued, photographic identification of the
declarant, or by receiving accurate answers from the declarant
that authenticate the identity of the declarant and establish the
capacity and sound mind of the declarant to the satisfaction of the
witness.
(3) Each witness is able to interact with the declarant and each
other witness, if any, by observing:
(A) the declarant's expression of intent to execute an advance
directive or other document under this chapter;
(B) the declarant's actions in executing or directing the
execution of the advance directive or other document under this
chapter; and
(C) the actions of each other witness in signing the advance
directive or other document.
The requirements of subdivisions (2) and (3) are satisfied even if the
declarant and one (1) or all witnesses use technology to assist with one
(1) or more of the capabilities of hearing, eyesight, or speech to
compensate for impairments of any one (1) or more of those
capabilities.
(b) As used in this chapter and with respect to interactions between
a declarant and a notarial officer who signs or participates in the
signing of an advance directive or other document under this chapter,
"presence", "present", and "to be present" means that throughout the
process of signing, acknowledging, and notarizing the advance
directive or other document the following must occur:
(1) The declarant and the notarial officer are:
(A) directly present with each other in the same physical space;
or
(B) able to interact with each other in real time through the use
of any audiovisual technology, now known or later developed,
whose use complies with IC 33-42.
(2) The notarial officer is able to positively identify the declarant
by using an identity proofing method permitted under IC 33-42-0.5-16.
(3) Each witness or the notarial officer is able to interact with the
declarant and each other witness, if any, by observing the
declarant's:
(A) expression of intent to execute an advance directive or
other document under this chapter; and
(B) actions in executing or directing the execution of the
advance directive or other document under this chapter.
If the declarant appears before the notarial officer in a manner that
satisfies the definitions of "appear" and "appearance" as defined in IC 33-42-0.5-3, then the declarant and the notarial officer satisfy the
presence requirement described in this chapter. The requirements
specified in subdivisions (2) and (3) are satisfied even if the declarant
and the notarial officer use technology to assist with one (1) or more of
the capabilities of hearing, eyesight, or speech to compensate for
impairments of any one (1) or more of those capabilities.