Indiana § 16-36-6-11 - Revocation of POST form; effectiveness; notification

§ 16-36-6-11. Revocation of POST form; effectiveness; notification

Sec. 11. (a) A declarant or representative subject to subsection (b) may at any time revoke a POST form by any of the following:

(1) A signed and dated writing.

(2) Physical cancellation or destruction of the POST form by:

(A) the declarant;

(B) the representative; or

(C) another individual at the direction of the declarant or representative.

(3) An oral expression by the declarant or representative of an intent to revoke the POST form.

(b) A representative may revoke the POST form only if:

(1) the declarant is incapable of making decisions regarding the declarant's health care; and

(2) the representative acts:

(A) in good faith; and

(B) in:

(i) accordance with the qualified person's express or implied intentions, if known; or

(ii) the best interests of the qualified person, if the qualified person's express or implied intentions are not known.

(c) If:

(1) a declarant, the declarant's proxy, or the declarant's representative completed and signed a POST form;

(2) the declarant who signed the POST form is incapable of making decisions regarding the declarant's health care; and

(3) no representative appointed by the declarant is able or reasonably available to act to revoke the POST form;

then a proxy who has priority to act for the declarant under IC 16-36-7-42(c) may act for the declarant to revoke the POST form. A proxy who revokes a POST form under this subsection must comply with IC 16-36-7-42(d).

(d) A revocation of a POST form under this section is effective upon communication of the revocation to a health care provider.

(e) Upon communication of the revocation of a POST form under this section, the health care provider shall immediately notify the declarant's treating physician, advanced practice registered nurse, or physician assistant, if known, of the revocation.

(f) Upon notification of the revocation of a POST form to the treating physician, advanced practice registered nurse, or physician assistant under subsection (e), the declarant's treating physician, advanced practice registered nurse, or physician assistant shall as soon as possible do the following:

(1) Add the revocation to the declarant's medical record with the following information:

(A) The time, date, and place of revocation of the POST form by the declarant, representative, proxy, or other individual at the direction of the declarant, representative, or proxy.

(B) The time, date, and place the treating physician, advanced practice registered nurse, or physician assistant was notified of the revocation of the POST form.

(2) Cancel the POST form that is being revoked by conspicuously noting in the declarant's medical records that the declarant's POST form has been voided.

(3) Notify any health care personnel responsible for the care of the declarant of the revocation of the POST form.

(4) Notify the physician, advanced practice registered nurse, or physician assistant who signed the POST form of the revocation through the contact information for the physician, advanced practice registered nurse, or physician assistant indicated on the form.

As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.14; P.L.10-2019, SEC.76; P.L.86-2023, SEC.14.