§ 16-36-7-36 — Authority and responsibility of health care representative

(a) Except when a health care
representative's authority has been expressly limited by the declarant
in an advance directive, the health care representative, in accordance
with the declarant's instructions made while competent, has the
following authority and responsibilities:
(1) The authority to act for the declarant and to make all health
care decisions for the declarant at all times when the health care
representative's authority is in effect, subject to the right of the
competent declarant to act directly and personally.
(2) The authority and responsibility to be reasonably available to
consult with appropriate health care providers to provide
informed consent.
(3) The authority and responsibility to act in good faith and make
only health care decisions for the declarant that the health care
representative believes the declarant would have made under the
circumstances if the declarant were capable of making the
decisions, taking into account the express or implied intentions of
the declarant or if the declarant's express or implied intentions are
not known, the declarant's best interests.
(4) The authority and responsibility to provide written consent
using an appropriate form when consent is required, including a
physician's order not to resuscitate (IC 16-36-5 or IC 16-36-6).
(5) The authority to be provided access to the appropriate health
information of the declarant.
(6) The authority to apply for public benefits, including Medicaid
and the community and home options to institutional care for the
elderly and disabled (CHOICE) program, for the declarant and
have access to information regarding the declarant's income,
assets, and banking and financial records to the extent required to
make application.
(b) The health care representative may authorize the release of
health information to appropriate persons to ensure the continuity of
the declarant's health care and may authorize the admission, discharge,
or transfer of the declarant to or from a health care facility or other
health or residential facility or program licensed or registered by a state
agency.
(c) If, after a declarant has designated one (1) or more health care
representatives in an advance directive, a court appoints a guardian of
the declarant's person, the authority of each designated health care
representative continues unless the appointing court modifies or
revokes the authority of one (1) or more health care representatives
after a hearing upon notice under section 34(14) of this chapter. The
court may order a health care representative to make appropriate or
specified reports to the guardian of the declarant's person or property.

Legislative History

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