Sec. 43. The following individuals may not serve as a proxy under section 42 of this chapter:

(1) An individual specifically disqualified in the declarant‘s advance directive.

Terms Used In Indiana Code 16-36-7-43

  • 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
  • proxy: means a competent adult who:

    Indiana Code 16-36-7-20

(2) A spouse who:

(A) is legally separated from the declarant; or

(B) has a petition for dissolution, legal separation, or annulment of marriage from the declarant that is pending in a court.

(3) An individual who is subject to a protective order or other court order that directs that individual to avoid contact with the declarant.

(4) An individual who is subject to a pending criminal charge in which the declarant was the alleged victim.

As added by P.L.50-2021, SEC.63. Amended by P.L.9-2022, SEC.34.