Your choices regarding medical care, especially in times of crisis, should reflect your values and wishes. In Indiana, the legal tool designed to protect your autonomy is the Advance Healthcare Directive (AHD). A Seymour Advance Healthcare Directive lawyer can prepare an AHD on your behalf.
Your AHD is a comprehensive legal document that ensures medical personnel are aware of and respect your wishes regarding your treatment, even if you are unable to speak for yourself due to illness or injury.
The Indiana Code (specifically IC 16-36-7) governs Advance Healthcare Directives in Indiana, which lawmakers updated with the passage of Senate Enrolled Act 204 in 2021 to simplify and consolidate prior statutes.
How Do Advance Healthcare Directives Work in Indiana?
An AHD in Indiana has two parts. The first part, known as a Durable Power of Attorney for Healthcare in other states, lets you (the “Declarant”) designate a trusted adult to make healthcare decisions on your behalf if you lose the capacity to do so yourself.
The representative consults with doctors, reviews treatment options, and makes choices that align with the patient’s known preferences and values. If the patient’s wishes are unknown, the representative must act in the patient’s best interest.
The designation generally becomes effective only after your physician determines that you have lost the capacity to make decisions. You retain the right to make your own decisions as long as you can communicate your wishes.
Expression of Healthcare Preferences and Wishes
The second part of your AHD (often called a Living Will) offers instructions about the medical treatment you desire. It details specific treatments you do or do not want, such as artificial hydration and nutrition, CPR, or mechanical respiration, if you’re unable to communicate.
People typically create Living Wills to clarify that, in the event of a terminal or irreversible medical condition, they do not wish to undergo “heroic” life-sustaining measures that prolong the dying process.
Your AHD may also include instructions regarding organ and tissue donation, as well as an Out-of-Hospital Do Not Resuscitate (OOH-DNR) Order. Do not confuse an AHD with a living trust or a will. A living trust gives control of your assets to a trustee of your choice. A last will includes your instructions for the distribution of your assets after your death.
Legal Requirements for Advance Healthcare Directives in Indiana
For an AHD to be legally valid in Indiana, it must be in writing and:
- signed by the Declarant (or another person in the Declarant’s presence)
- witnessed by two adults or a notary public
The appointed healthcare representative cannot choose the witnesses. In some cases, there are restrictions on who may serve as a witness (such as related individuals or those entitled to a portion of the patient’s estate).
An Advance Healthcare Directive completed under prior Indiana laws remains legally valid; a subsequent AHD revokes and replaces all earlier ones. A Seymour Advance Healthcare Directive attorney can ensure that your AHD is comprehensive, legally binding, and effective.
Why Do You Need an Advance Healthcare Directive?
An Advance Healthcare Directive isn’t exclusively for the elderly or the seriously ill; it is an essential part of a comprehensive estate plan. Your AHD:
- Protects your autonomy: Your AHD ensures your right to self-determination regarding your body and medical treatment. Accidents or abrupt illnesses can happen to anyone, at any age. An AHD guarantees that your medical team follows your wishes.
- Helps prevent family conflict: Without a valid AHD and a designated healthcare representative, Indiana law dictates a statutory order of priority for surrogate decision-makers (spouse, adult child, parent, etc.).
- Eliminates guesswork: Without a valid Advance Healthcare Directive, family members have to guess what you would have wanted during a time of crisis.
- Eliminates disagreement: If multiple family members disagree on the course of treatment, the hospital may be unable to proceed, or worse, the conflict could escalate into a costly legal battle in court.
- Clarity and peace of mind: By preparing an AHD, you remove the burden of decision-making from your loved ones. They gain peace of mind knowing they are simply carrying out your clearly stated wishes.
Advance Healthcare Directives Prevent Court Intervention
Your Advance Healthcare Directive also prevents the Indiana courts from interfering with your medical decisions. In the absence of a valid AHD or a consensus among family members, a court may intervene and appoint a legal guardian to make medical decisions on your behalf.
A court-appointed guardian may be a stranger, or someone you would not have chosen, while the guardianship process is lengthy and expensive. It can delay critical medical decisions. Naming a healthcare representative in your AHD lets you retain control over who speaks for you.
Your AHD allows you to select the person you trust most to honor your wishes and values. A Seymour Advance Healthcare Directive lawyer can help you prepare a legally valid AHD that meets your needs and conveys your wishes.
Your Advance Healthcare Directive Guides Your Healthcare Providers
Indiana law requires medical providers to follow a patient’s expressed wishes. Your AHD legally authorizes your doctors to proceed according to your preferences, avoiding any confusion or liability associated with a reliance solely on verbal accounts from family members.
An Advance Healthcare Directive is an indispensable tool for every adult in Indiana. It provides peace of mind for you and your loved ones, ensuring that your medical treatment, even at its most critical juncture, remains aligned with your personal beliefs and priorities.
Before you prepare an AHD, you must decide precisely what you do and do not want to authorize with respect to your medical treatment. If you are not certain, a Seymour Advance Healthcare Directive attorney can help you thoughtfully consider your options and choices.
Call Lorenzo Bevers Braman & Connell
The estate planning team at Lorenzo Bevers Braman & Connell will take the time to explain every detail and guide you step-by-step through the process of preparing an Advance Healthcare Directive. We’ve built a reputation for legal excellence and superlative client service.
Lorenzo Bevers Braman & Connell provides comprehensive estate planning advice to our clients in Jackson County and nearby communities. If you have not prepared an AHD, call us at 812-445-5289 to schedule your first consultation with one of our estate planning professionals.