This text of Indiana § 16-36-7-29 (Additional provisions that may be included in advance directive) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 infor
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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psychologist, or other health care professional to be superseded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.