§ 16-36-7-41 — Affidavit; requirements; immunity

Indiana § 16-36-7-41

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 36: MEDICAL CONSENT
• Ch. 7: Health Care Advance Directives

Text

(a) A health care representative designated
in an advance directive or a person who was present during the signing
of the advance directive may furnish to a health care provider or other
person an affidavit that states, to the best knowledge of the health care
representative:
(1) that the document attached to and furnished with the affidavit
is a true copy of the named declarant's advance directive that is
currently in effect;
(2) that the declarant is alive;
(3) that the advance directive was validly executed;
(4) if the effectiveness of the health care representative's authority
to act under the advance directive begins upon the occurrence of
a certain event, that the event has occurred and the health care
representative has authority to act;
(5) if the health care representative who furnishes the affidavit
does not have the highest priority to act under the explicit terms
of the advance directive, an explanation that all health care
representatives who are identified in the advance directive as
having higher priority are not reasonably available to act; and
(6) that the relevant powers granted to the health care
representative have not been altered or terminated.
An affidavit signed and furnished under this section may include
information based on the affiant's personal knowledge about the
manner in which the advance directive was signed under subsection (b)
and section 28(c), 28(d), or 28(e) of this chapter. An affidavit under
this section must be signed, sworn to, and acknowledged by the affiant
in the presence of a notarial officer, unless the affiant swears or affirms
to the accuracy of the affidavit's contents under the penalties for
perjury.
(b) A health care provider or other person who:
(1) relies on an affidavit described in subsection (a); and
(2) acts in good faith;
is immune from liability that might otherwise arise from the health care
provider's or other person's actions in reliance on the advance directive
that is the subject of the affidavit.

Legislative History

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