§ 30-5-9-10 — Health care providers; persons acting in good faith reliance on direction or decision of attorney in fact

A health care provider or other person who
acts in good faith reliance on a direction or decision of an attorney in
fact that is not clearly contrary to the terms of the power of attorney is
protected and released from liability to the same extent as the provider
or other person would be protected or released if the provider or other
person had dealt directly with the principal as a fully competent person.
In addition, the following rules shall be applied to protect and validate
the acts of the attorney in fact and provider or other person:
(1) A health care provider or other person is not subject to civil or
criminal liability or discipline for unprofessional conduct for
complying with a direction or decision by the attorney in fact,
even if death or injury to the principal results.
(2) If the actions of a health care provider who fails to comply
with a direction or decision of the attorney in fact are substantially
in accord with reasonable medical standards at the time of
reference and the provider promptly transfers the principal to
another health care provider, the provider is not subject to civil or
criminal liability or discipline for failure to comply with the
attorney in fact.
(3) If the principal's death results from withholding or
withdrawing health care in accordance with the terms of a power
of attorney, the death is not a suicide or homicide for any purpose
under a statute or rule of law and does not impair or invalidate an
insurance, annuity, or other type of contract that is conditioned on
the life or death of the principal, a term of the contract
notwithstanding.

Legislative History

As added by P.L.149-1991, SEC.2.