Sec. 36. (a) Except when a health care representative’s authority has been expressly limited by the declarant in an advance directive, the health care representative, in accordance with the declarant’s instructions made while competent, has the following authority and responsibilities:

(1) The authority to act for the declarant and to make all health care decisions for the declarant at all times when the health care representative’s authority is in effect, subject to the right of the competent declarant to act directly and personally.

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

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

    Indiana Code 16-36-7-2

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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 facility: includes the following:

    Indiana Code 16-36-7-11

  • 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
  • informed consent: means consent voluntarily given by an individual after a sufficient explanation and disclosure of the subject matter involved to enable that individual to have a general understanding of the treatment or procedure and the medically acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedure, and to make a knowing health care decision without coercion or undue influence. See Indiana Code 16-36-7-16
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • reasonably available: means a health care representative or proxy for an individual who is:

    Indiana Code 16-36-7-21

(2) The authority and responsibility to be reasonably available to consult with appropriate health care providers to provide informed consent.

(3) The authority and responsibility to act in good faith and make only health care decisions for the declarant that the health care representative believes the declarant would have made under the circumstances if the declarant were capable of making the decisions, taking into account the express or implied intentions of the declarant or if the declarant’s express or implied intentions are not known, the declarant’s best interests.

(4) The authority and responsibility to provide written consent using an appropriate form when consent is required, including a physician’s order not to resuscitate (IC 16-36-5 or IC 16-36-6).

(5) The authority to be provided access to the appropriate health information of the declarant.

(6) The authority to apply for public benefits, including Medicaid and the community and home options to institutional care for the elderly and disabled (CHOICE) program, for the declarant and have access to information regarding the declarant’s income, assets, and banking and financial records to the extent required to make application.

     (b) The health care representative may authorize the release of health information to appropriate persons to ensure the continuity of the declarant’s health care and may authorize the admission, discharge, or transfer of the declarant to or from a health care facility or other health or residential facility or program licensed or registered by a state agency.

     (c) If, after a declarant has designated one (1) or more health care representatives in an advance directive, a court appoints a guardian of the declarant’s person, the authority of each designated health care representative continues unless the appointing court modifies or revokes the authority of one (1) or more health care representatives after a hearing upon notice under section 34(14) of this chapter. The court may order a health care representative to make appropriate or specified reports to the guardian of the declarant’s person or property.

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

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