Terms Used In Indiana Code > Title 16 > Article 36 > Chapter 7 - Health Care Advance Directives

• 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.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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
• declaration: means a written document, voluntarily executed by a declarant for the declarant under section 28 of this chapter. See Indiana Code 16-36-7-5
• Dependent: A person dependent for support upon another.
• electronic: has the meaning set forth in IC 26-2-8-102(7). See Indiana Code 16-36-7-6
• electronic record: has the meaning set forth in IC 26-2-8-102(9). See Indiana Code 16-36-7-7
• electronic signature: has the meaning set forth in IC 26-2-8-102(10). See Indiana Code 16-36-7-8
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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 decision: means the following:

  Indiana Code 16-36-7-10

• health care facility: includes the following:

  Indiana Code 16-36-7-11

• 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

• 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
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• medical record: means written or printed information possessed by a provider (as defined in Ind. See Indiana Code 1-1-4-5
• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• 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
• observe: means to perceive another's actions or expressions of intent through the senses of eyesight or hearing, or both. See Indiana Code 16-36-7-18
• 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}
• Probate: Proving a will
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• proxy: means a competent adult who:

  Indiana Code 16-36-7-20

• reasonably available: means a health care representative or proxy for an individual who is:

  Indiana Code 16-36-7-21

• sign: includes the valid use of an electronic signature. See Indiana Code 16-36-7-22
• signature: means the authorized use of the name or mark of a declarant or other person to authenticate an electronic record or other writing. See Indiana Code 16-36-7-23
• Statute: A law passed by a legislature.
• telephonic interaction: means interaction through the use of any technology, now known or later developed, that enables two (2) or more persons to speak to and hear each other in real time, even if one (1) or more persons cannot see each other. See Indiana Code 16-36-7-24
• treating physician: means a licensed physician who is overseeing, directing, or performing health care to an individual at the pertinent time. See Indiana Code 16-36-7-25
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• writing: include the use of any method to inscribe information in or on a tangible medium or to store the information in an electronic or other medium that can retrieve, view, and print the information in perceivable form. See Indiana Code 16-36-7-26