Sec. 4. (a) An individual described in section 3 of this chapter may consent to health care unless, in the good faith opinion of the attending physician, the individual is incapable of making a decision regarding the proposed health care.

     (b) A consent to health care under section 5, 6, or 7 of this chapter is not valid if:

Terms Used In Indiana Code 16-36-1-4

  • health care: means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition. See Indiana Code 16-36-1-1
  • Probate: Proving a will
(1) the health care provider has knowledge that the individual has indicated contrary instructions in regard to the proposed health care; and

(2) the individual has not been determined to be incapable of consenting to health care by:

(A) an order of a probate court under section 8 of this chapter; or

(B) the individual’s attending physician under subsection (a).

[Pre-1993 Recodification Citation: 16-8-12-3.]

As added by P.L.2-1993, SEC.19. Amended by P.L.50-2021, SEC.36.

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