Indiana § 16-36-7-40 Immunity for health care provider; validity of advance directive

Indiana Statutes

§ 16-36-7-40 — Immunity for health care provider; validity of advance directive

Indiana § 16-36-7-40

Title 16HEALTH

Art. 36MEDICAL CONSENT

Ch. 7Health Care Advance Directives

This text of Indiana § 16-36-7-40 (Immunity for health care provider; validity of 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.

Bluebook

Ind. Code § 16-36-7-40 (2026).

Text

(a)A health care provider or other person who acts in good faith reliance on an advance directive or on a health care decision made by a health care representative with apparent authority is immune from liability to the declarant and to the declarant's heirs or other successors in interest to the same extent as if the health care provider or other person had dealt directly with the declarant and if the declarant had been competent and not incapacitated.

(b)A health care provider is not responsible for determining the validity of an advance directive.

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(a) A health care provider or other person
who acts in good faith reliance on an advance directive or on a health
care decision made by a health care representative with apparent
authority is immune from liability to the declarant and to the declarant's
heirs or other successors in interest to the same extent as if the health
care provider or other person had dealt directly with the declarant and
if the declarant had been competent and not incapacitated.
(b) A health care provider is not responsible for determining the
validity of an advance directive.