§ 16-36-7-29 — Additional provisions that may be included in advance directive

An advance directive signed by a declarant
under this section may contain any of the following additional
provisions:
(1) A provision that delays:
(A) the effectiveness of an instruction or decision by the
declarant; or
(B) the effectiveness of the authority of a designated health care
representative;
until a stated date or the occurrence of a specifically defined
event.
(2) If the advance directive explicitly provides that a health care
decision or instruction or the authority of one (1) or more health
care representatives is to be effective upon the future incapacity,
disability, or incompetence of the declarant, a provision that:
(A) specifies the person or persons who are authorized to
participate in the determination of incapacity, disability, or
incompetence and the evidence or information to be used for
the determination;
(B) is not more stringent than the procedure described in
section 35 of this chapter; and
(C) does not allow a medical determination by a physician,
psychologist, or other health care professional to be superseded
by the subjective judgment or veto of another person or by
nonmedical evidence regarding the declarant's capacity or
incapacity.
(3) A provision that terminates the authority of a designated
health care representative on:
(A) a stated date; or
(B) upon the occurrence of a specifically defined event.
(4) A provision that designates two (2) or more health care
representatives as having authority to act individually to make
health care decisions for the declarant in a specified order of
priority.
(5) A provision that designates two (2) or more health care
representatives and permits them to act individually and
independently, or that requires them to act jointly, on a majority
vote basis, or under a combination of requirements to make all
health care decisions or specified health care decisions for the
declarant. The advance directive may include a provision for a
successor health care representative to act according to different
requirements.
(6) A provision that states a fee or presumptive reasonable hourly
rate for the compensation that a health care representative may
collect for acting on behalf of the declarant or providing
caregiving services to the declarant.
(7) A provision that prohibits a health care representative from
collecting compensation for acting under the advance directive.
(8) A provision that requires a professional adviser or other
additional person to witness, ratify, or approve the declarant's
revocation or amendment of a designation of one (1) or more
health care representatives within the advance directive.
(9) A provision that:
(A) prohibits a designated health care representative from
consenting to mental health treatment for the declarant; or
(B) designates a different health care representative to consent
to mental health treatment.
(10) A provision that designates an adult individual or another
person as an advocate with the authority to:
(A) receive:
(i) health information about the declarant; and
(ii) information and documents from a health care
representative about the health care representative's actions
on behalf of the declarant;
(B) monitor, audit, and evaluate the actions of a health care
representative designated by the declarant; and
(C) take remedial action in the best interests of the declarant,
including revoking or limiting the authority of any health care
representative or filing a petition with a court for appropriate
relief.
(11) Any other provision concerning the:
(A) declarant's health care or health information; or
(B) implementation of the declarant's advance directive.

Legislative History

As added by P.L.50-2021, SEC.63.