{"data":{"id":"us-in/ic-16-36-7-29","jurisdiction":"us-in","citation":"IC 16-36-7-29","heading":"Additional provisions that may be included in advance directive","body":"Sec. 29. An advance directive signed by a declarant under this section may contain any of the following additional provisions:\n(1) A provision that delays:\n(A) the effectiveness of an instruction or decision by the declarant; or\n(B) the effectiveness of the authority of a designated health care representative;\nuntil a stated date or the occurrence of a specifically defined event.\n(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:\n(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;\n(B) is not more stringent than the procedure described in section 35 of this chapter; and\n(C) does not allow a medical determination by a physician, psychologist, or other health care professional to be superseded by the subjective judgment or veto of another person or by nonmedical evidence regarding the declarant's capacity or incapacity.\n(3) A provision that terminates the authority of a designated health care representative on:\n(A) a stated date; or\n(B) upon the occurrence of a specifically defined event.\n(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.\n(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.\n(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.\n(7) A provision that prohibits a health care representative from collecting compensation for acting under the advance directive.\n(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.\n(9) A provision that:\n(A) prohibits a designated health care representative from consenting to mental health treatment for the declarant; or\n(B) designates a different health care representative to consent to mental health treatment.\n(10) A provision that designates an adult individual or another person as an advocate with the authority to:\n(A) receive:\n(i) health information about the declarant; and\n(ii) information and documents from a health care representative about the health care representative's actions on behalf of the declarant;\n(B) monitor, audit, and evaluate the actions of a health care representative designated by the declarant; and\n(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.\n(11) Any other provision concerning the:\n(A) declarant's health care or health information; or\n(B) implementation of the declarant's advance directive.","path":["TITLE 16. HEALTH","ARTICLE 36. MEDICAL CONSENT","Chapter 7. Health Care Advance Directives"],"source_url":"https://iga.in.gov/ic/2026/Title_16.html#16-36-7-29","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-11T20:02:18Z","sha256":"b9c9a3dc69d905cbf6f7b9e55ae25679a44891583058c1f0889513eb3ceb92a0","source_id":"us-in","stale":false,"prev":"us-in/ic-16-36-7-28","next":"us-in/ic-16-36-7-30"},"notice":"GroundRules: Original legal text. Not legal advice."}