Sec. 41. (a) A health care representative designated in an advance directive or a person who was present during the signing of the advance directive may furnish to a health care provider or other person an affidavit that states, to the best knowledge of the health care representative:

(1) that the document attached to and furnished with the affidavit is a true copy of the named declarant‘s advance directive that is currently in effect;

Terms Used In Indiana Code 16-36-7-41

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

    Indiana Code 16-36-7-2

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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 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

  • notarial officer: means a person who is authorized under IC 33-42-9-7 to perform a notarial act (as defined in Indiana Code 16-36-7-17
  • reasonably available: means a health care representative or proxy for an individual who is:

    Indiana Code 16-36-7-21

(2) that the declarant is alive;

(3) that the advance directive was validly executed;

(4) if the effectiveness of the health care representative’s authority to act under the advance directive begins upon the occurrence of a certain event, that the event has occurred and the health care representative has authority to act;

(5) if the health care representative who furnishes the affidavit does not have the highest priority to act under the explicit terms of the advance directive, an explanation that all health care representatives who are identified in the advance directive as having higher priority are not reasonably available to act; and

(6) that the relevant powers granted to the health care representative have not been altered or terminated.

An affidavit signed and furnished under this section may include information based on the affiant’s personal knowledge about the manner in which the advance directive was signed under subsection (b) and section 28(c), 28(d), or 28(e) of this chapter. An affidavit under this section must be signed, sworn to, and acknowledged by the affiant in the presence of a notarial officer, unless the affiant swears or affirms to the accuracy of the affidavit’s contents under the penalties for perjury.

     (b) A health care provider or other person who:

(1) relies on an affidavit described in subsection (a); and

(2) acts in good faith;

is immune from liability that might otherwise arise from the health care provider’s or other person’s actions in reliance on the advance directive that is the subject of the affidavit.

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

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