Sec. 32. (a) The declarant who signs an advance directive may revoke that advance directive by any of the following:

(1) Signing, in a manner that complies with section 28 of this chapter, another advance directive.

Terms Used In Indiana Code 16-36-7-32

  • 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.
  • declarant: means a competent adult who has executed an advance directive. See Indiana Code 16-36-7-4
  • 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 provider: means any person licensed, certified, or authorized by law to administer health care in the ordinary course of business or practice of a profession. See Indiana Code 16-36-7-12
  • health care representative: means a competent adult designated by a declarant in an advance directive to:

    Indiana Code 16-36-7-13

  • writing: include the use of any method to inscribe information in or on a tangible medium or to store the information in an electronic or other medium that can retrieve, view, and print the information in perceivable form. See Indiana Code 16-36-7-26
(2) Signing, in a manner that complies with section 28 of this chapter, a document that:

(A) states in writing that the declarant is revoking the previously signed advance directive; and

(B) confirms the declarant’s compliance with any explicit additional conditions for valid revocation that are stated in the advance directive.

(3) Orally expressing the declarant’s present intention, in the direct physical presence of a health care provider, to:

(A) revoke the entire advance directive;

(B) revoke a designation of one (1) or more health care representatives within the advance directive; or

(C) revoke one (1) or more specific health care decisions or one (1) or more desires or treatment preferences within the advance directive.

However, if a declarant has not been determined to be incapacitated under section 35 of this chapter, the declarant always has the right to orally revoke a health care decision that is included within an advance directive under section 28(a)(2) of this chapter or a statement of desires or treatment preferences that is included within an advance directive under section 28(a)(3) of this chapter, despite any contrary wording in the advance directive.

     (b) Until a health care representative or health care provider has actual knowledge of a valid revocation of an advance directive:

(1) actions and health care decisions by a health care representative designated in the advance directive are valid and binding on the declarant; and

(2) health care providers may continue to rely on health care decisions by the health care representative.

     (c) A declarant who has signed a valid advance directive may amend or restate that advance directive in a writing that is signed in compliance with section 28 of this chapter and witnessed or acknowledged in compliance with section 28(c), 28(d), or 28(e) of this chapter. The amendment or restatement may take any action that could have been included in the former or original advance directive.

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

  Previous section
Next section  
 Chapter 7 Contents