Indiana § 16-36-7-29 - Additional provisions that may be included in advance directive

§ 16-36-7-29. Additional provisions that may be included in advance directive

Sec. 29. An advance directive signed by a declarant under this section may contain any of the following additional provisions:

(1) A provision that delays:

(A) the effectiveness of an instruction or decision by the declarant; or

(B) the effectiveness of the authority of a designated health care representative;

until a stated date or the occurrence of a specifically defined event.

(2) If the advance directive explicitly provides that a health care decision or instruction or the authority of one (1) or more health care representatives is to be effective upon the future incapacity, disability, or incompetence of the declarant, a provision that:

(A) specifies the person or persons who are authorized to participate in the determination of incapacity, disability, or incompetence and the evidence or information to be used for the determination;

(B) is not more stringent than the procedure described in section 35 of this chapter; and

(C) does not allow a medical determination by a physician, psychologist, or other health care professional to be superseded by the subjective judgment or veto of another person or by nonmedical evidence regarding the declarant's capacity or incapacity.

(3) A provision that terminates the authority of a designated health care representative on:

(A) a stated date; or

(B) upon the occurrence of a specifically defined event.

(4) A provision that designates two (2) or more health care representatives as having authority to act individually to make health care decisions for the declarant in a specified order of priority.

(5) A provision that designates two (2) or more health care representatives and permits them to act individually and independently, or that requires them to act jointly, on a majority vote basis, or under a combination of requirements to make all health care decisions or specified health care decisions for the declarant. The advance directive may include a provision for a successor health care representative to act according to different requirements.

(6) A provision that states a fee or presumptive reasonable hourly rate for the compensation that a health care representative may collect for acting on behalf of the declarant or providing caregiving services to the declarant.

(7) A provision that prohibits a health care representative from collecting compensation for acting under the advance directive.

(8) A provision that requires a professional adviser or other additional person to witness, ratify, or approve the declarant's revocation or amendment of a designation of one (1) or more health care representatives within the advance directive.

(9) A provision that:

(A) prohibits a designated health care representative from consenting to mental health treatment for the declarant; or

(B) designates a different health care representative to consent to mental health treatment.

(10) A provision that designates an adult individual or another person as an advocate with the authority to:

(A) receive:

(i) health information about the declarant; and

(ii) information and documents from a health care representative about the health care representative's actions on behalf of the declarant;

(B) monitor, audit, and evaluate the actions of a health care representative designated by the declarant; and

(C) take remedial action in the best interests of the declarant, including revoking or limiting the authority of any health care representative or filing a petition with a court for appropriate relief.

(11) Any other provision concerning the:

(A) declarant's health care or health information; or

(B) implementation of the declarant's advance directive.

As added by P.L.50-2021, SEC.63.