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An Indiana living will, also known as an Indiana advance directive, is part of the estate planning process. It is a legal document. The purpose of an Indiana living will is to outline how you would like your medical treatment to be handled if you are no longer able to make your own decisions because of an incurable injury, the active dying process, terminal condition, or other similar condition.
An Indiana living will is also used to name a person to make decisions on your behalf. This person is referred to as a health-care representative. The health-care representative must follow the direction of the declarant. It is their job to make medical decisions related to the declarant's medical care.
An Indiana living will must be signed by two witnesses. These witnesses must be at least 18 years old; cannot be a family member such as your spouse, parent, or child; cannot be legally entitled to a portion of your estate; isn't financially responsible for your medical care; and cannot be the person who signs on your behalf if you are unable to sign on your own. You should have your Indiana living will notarized.
A living will declaration does not work the same as a power of attorney, including a health care power of attorney under Indiana law. A health care power of attorney cannot be used to make end-of-life decisions. These, as well as life-prolonging procedures, are made through a living will declaration.
Indiana Code § 16-36-4-10: An Indiana living will may be created by an individual whose state of residence is Indiana, who is at least 18 years old, and who is of a sound mind. This document must be created on a voluntary basis.
Indiana Code includes consequences of the refusal to treat the patient if the patient has, for example, stated that they have a do not resuscitate order. Patients have the right to refuse such procedures in their living wills. The declarant has the right of revocation in the State of Indiana. They may revoke their living will or their health care representative at any time.
Indiana Code includes a Form of Living Will Declaration for use. It requires the declarant's signature. Keep in mind that the child of the declarant is not a valid witness. Section 11 of the State Code is known as the Life Prolonging Procedures Will Declaration. A life-prolonging measure is defined, in part, as "mechanical or other artificial means to sustain, restore, or supplant a vital function." It explains which use of life-sustaining procedures you would like used should it become necessary. However, it does not include, according to Indiana Code, the "provision of any medical procedure or medication necessary to provide comfort care or alleviate pain."
It also explains "...in the absence of my ability to give directions regarding the use of life prolonging procedures, it is my intention that this declaration be honored by my family and physician as my final expression of my legal right to refuse medical or surgical treatment and accept the consequences of the refusal."
The purpose of an Indiana living will is to express your wishes about your medical care if you’re no longer able to express your wishes. However, that’s not all that you should do to make your wishes known. You should also take the time to create an Indiana last will and testament.
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