Sec. 4. (a) A health care provider shall comply with a health care decision made by an attorney in fact under a power of attorney if the decision is communicated to the provider. A health care provider may continue to administer treatment for the principal’s comfort care or the alleviation of pain in addition to treatment made under the decision of the attorney in fact.

     (b) If a health care provider is unwilling to comply with a health care decision made by the attorney in fact, the provider shall do the following:

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Terms Used In Indiana Code 30-5-7-4

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(1) Notify the attorney in fact of the provider’s unwillingness to comply with the decision.

(2) Promptly take all steps necessary to transfer the responsibility for the principal’s health care to another health care provider designated by the attorney in fact.

As added by P.L.149-1991, SEC.2.