Sec. 33. (a) Except when the terms of the advance directive explicitly prohibit or restrict delegation, a health care representative who is designated by name in an advance directive may make a written delegation of some or all of the health care representative‘s authority to one (1) or more other competent adults or other persons, on a temporary or open ended basis as stated in the written delegation document.

     (b) A written delegation document under this section must be 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.

Terms Used In Indiana Code 16-36-7-33

  • advance directive: means a written declaration of a declarant who:

    Indiana Code 16-36-7-2

  • 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 representative: means a competent adult designated by a declarant in an advance directive to:

    Indiana Code 16-36-7-13

     (c) A written delegation of authority that does not state an expiration date continues until it is revoked, in a manner complying with section 32 of this chapter, by the competent declarant or by the health care representative who signed the written delegation.

     (d) If the advance directive explicitly states a date or event that triggers termination of the advance directive or termination of the authority of a health care representative who makes a written delegation under this section, the delegated authority terminates upon the triggering event or expiration date.

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

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