Indiana § 16-36-1-8 - Probate court petition; hearing; notice; findings

§ 16-36-1-8. Probate court petition; hearing; notice; findings

Sec. 8. (a) A health care provider or any interested person (as defined in IC 30-5-2-6) may petition the probate court in the county where the individual who is the subject of the petition is present for purposes of receiving health care to:

(1) make a health care decision or order health care for an individual incapable of consenting; or

(2) appoint a representative to act for the individual.

(b) Reasonable notice of the time and place of hearing a petition under this section must be given to the following:

(1) The individual incapable of consenting.

(2) Anyone having the care and custody of the individual.

(3) Those persons in the classes described in section 5 of this chapter who are reasonably available and who are designated by the court.

(c) The probate court may modify or dispense with notice and hearing if the probate court finds that delay will have a serious, adverse effect upon the health of the individual.

(d) The probate court may order health care, appoint a representative to make a health care decision for the individual incapable of consenting to health care with the limitations on the authority of the representative as the probate court considers appropriate, or order any other appropriate relief in the best interest of the individual if the probate court finds the following:

(1) A health care decision is required for the individual.

(2) The individual is incapable of consenting to health care.

(3) There is no person authorized to consent or a person authorized to consent to health care:

(A) is not reasonably available;

(B) declines to act; or

(C) is not acting in the best interest of the individual in need of health care.

[Pre-1993 Recodification Citation: 16-8-12-7.]

As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015, SEC.9.