Indiana Law and Advance Directives

As of July 1, 2021, Indiana State law changed to allow more flexibility for advance directives and to allow more options when signing a directive. The law no longer mandates the use of official forms for an advance directive. In addition, advance directives may be signed both on paper and electronically by patients and witnesses. Legally valid advance directives must be signed by the person AND by EITHER two witnesses OR a notary. For additional information about advance directives in Indiana, visit Indiana State Department of Health Advance Directives Resource Center.

NOTE: Previously executed advance directives will remain valid so long as the directives were valid at the time of execution. Examples of previously completed forms that remain valid include but are not limited to the following: the durable power of attorney containing healthcare powers, the appointment of a healthcare representative, the living will declaration, or the life-prolonging procedures declaration.

CLICK ON THE LINKS BELOW TO SEE WHO WILL MAKE DECISIONS FOR YOU IF YOU DO NOT APPOINT A HEALTHCARE REPRESENTATIVE.

If you do not appoint a healthcare representative, Indiana law determines who will make decisions for you. These persons are called “Proxy Decision Makers.”

CLICK ON LINKS BELOW FOR LEGAL INDIANA ADVANCE DIRECTIVE FORMS.

INDIANA MEDICAL ORDER FORMS

The Out-of-Hospital Do Not Resuscitate Declaration and Order form was not changed by the new law and is available below. The Physician Orders for Scope of Treatment (POST) form was updated in June of 2023, and is available below. The previous POST form remains legally valid.

The medical order forms below are appropriate for seriously ill persons with advanced chronic progressive illness, advanced chronic progressive frailty, or terminal conditions, and must be signed by a physician, nurse practitioner, or physician assistant.

CLICK ON LINKS BELOW FOR INDIANA MEDICAL ORDER FORMS.

 

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