§ 16-36-7-42 — Decisions made by proxy

Indiana § 16-36-7-42

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

Text

(a) For purposes of this section, the term
"declarant" includes an individual who has not executed an advance
directive or who does not have an advance directive currently in effect.
(b) This section applies only if a declarant is not capable of
consenting to health care, and:
(1) the declarant has not executed an advance directive under this
chapter or does not have an advance directive currently in effect;
or
(2) the declarant has executed an advance directive and the health
care representative designated in the advance directive is not
willing, able, or reasonably available to make health care
decisions for the declarant.
(c) Except as provided in section 43 of this chapter, health care
decisions may be made for the declarant by any of the following
individuals to act as a proxy, in the following decreasing order of
priority, if an individual in a prior class is not reasonably available,
willing, and competent to act:
(1) The judicially appointed guardian of the declarant or a health
care representative appointed under IC 16-36-1-8 or section
34(14) of this chapter.
(2) A spouse.
(3) An adult child.
(4) A parent.
(5) An adult sibling.
(6) A grandparent.
(7) An adult grandchild.
(8) The nearest other adult relative in the next degree of kinship
who is not listed in subdivisions (2) through (7).
(9) A friend who:
(A) is an adult;
(B) has maintained regular contact with the individual; and
(C) is familiar with the individual's activities, health, and
religious or moral beliefs.
(10) The individual's religious superior, if the individual is a
member of a religious order.
(d) Any health care decision made under subsection (c) must be
based on the proxy's informed consent and on the decision the proxy
reasonably believes the declarant would have made under the
circumstances, taking into account the declarant's express or implied
intentions. If there is no reliable indication of what the declarant would
have chosen, the proxy shall consider the declarant's best interests in
deciding that proposed treatments are to be withheld or that treatments
currently in effect are to be withdrawn.
(e) Before exercising the incapacitated declarant's rights to select or
decline health care, the proxy must attempt to comply in good faith
with:
(1) the instructions, desires, or preferences, if any, stated by the
declarant regarding life prolonging procedures in an advance
directive executed under IC 16-36-1, IC 16-36-4, or IC 30-5; and
(2) IC 16-36-6, if a valid POST form (as defined by IC 16-36-6-4)
executed by the patient is in effect.
However, a proxy's decision to withhold or withdraw life prolonging
procedures must be supported by evidence that the decision would have
been the one the declarant would have chosen had the declarant been
competent or, if there is no reliable indication of what the declarant
would have chosen, that the decision is in the declarant's best interests.
(f) If there are multiple individuals at the same priority level under
this section, those individuals shall make a reasonable effort to reach
a consensus as to the health care decisions on behalf of the declarant
who is unable to provide health care consent. If the individuals at the
same priority level disagree as to the health care decisions on behalf of
the declarant who is unable to provide health care consent, a majority
of the available individuals at the same priority level controls.
(g) Nothing in this section shall be construed to preempt the
designation of persons who may consent to the medical care or
treatment of minors established under IC 16-36-1-5(b).

Legislative History

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