Indiana Code 16-36-7-29. Additional provisions that may be included in advance directive
(1) A provision that delays:
Terms Used In Indiana Code 16-36-7-29
- advance directive: means a written declaration of a declarant who:
Indiana Code 16-36-7-2
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- best interests: means the promotion of the individual's welfare, based on consideration of material factors, including relief of suffering, preservation or restoration of function, and quality of life. See Indiana Code 16-36-7-3
- declarant: means a competent adult who has executed an advance directive. See Indiana Code 16-36-7-4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- health care: means any care, treatment, service, supplies, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including preventive, therapeutic, rehabilitative, maintenance, or palliative care, and counseling. See Indiana Code 16-36-7-9
- health care decision: means the following:
Indiana Code 16-36-7-10
- health care representative: means a competent adult designated by a declarant in an advance directive to:
Indiana Code 16-36-7-13
- health information: has the meaning set forth in 45 C. See Indiana Code 16-36-7-14
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(B) the effectiveness of the authority of a designated health care representative;
until a stated date or the occurrence of a specifically defined event.
(2) If the advance directive explicitly provides that a health care decision or instruction or the authority of one (1) or more health care representatives is to be effective upon the future incapacity, disability, or incompetence of the declarant, a provision that:
(A) specifies the person or persons who are authorized to participate in the determination of incapacity, disability, or incompetence and the evidence or information to be used for the determination;
(B) is not more stringent than the procedure described in section 35 of this chapter; and
(C) does not allow a medical determination by a physician, psychologist, or other health care professional to be superseded by the subjective judgment or veto of another person or by nonmedical evidence regarding the declarant’s capacity or incapacity.
(3) A provision that terminates the authority of a designated health care representative on:
(A) a stated date; or
(B) upon the occurrence of a specifically defined event.
(4) A provision that designates two (2) or more health care representatives as having authority to act individually to make health care decisions for the declarant in a specified order of priority.
(5) A provision that designates two (2) or more health care representatives and permits them to act individually and independently, or that requires them to act jointly, on a majority vote basis, or under a combination of requirements to make all health care decisions or specified health care decisions for the declarant. The advance directive may include a provision for a successor health care representative to act according to different requirements.
(6) A provision that states a fee or presumptive reasonable hourly rate for the compensation that a health care representative may collect for acting on behalf of the declarant or providing caregiving services to the declarant.
(7) A provision that prohibits a health care representative from collecting compensation for acting under the advance directive.
(8) A provision that requires a professional adviser or other additional person to witness, ratify, or approve the declarant’s revocation or amendment of a designation of one (1) or more health care representatives within the advance directive.
(9) A provision that:
(A) prohibits a designated health care representative from consenting to mental health treatment for the declarant; or
(B) designates a different health care representative to consent to mental health treatment.
(10) A provision that designates an adult individual or another person as an advocate with the authority to:
(A) receive:
(i) health information about the declarant; and
(ii) information and documents from a health care representative about the health care representative’s actions on behalf of the declarant;
(B) monitor, audit, and evaluate the actions of a health care representative designated by the declarant; and
(C) take remedial action in the best interests of the declarant, including revoking or limiting the authority of any health care representative or filing a petition with a court for appropriate relief.
(11) Any other provision concerning the:
(A) declarant’s health care or health information; or
(B) implementation of the declarant’s advance directive.
As added by P.L.50-2021, SEC.63.