Medical Power of Attorney Indiana

Indiana No Longer Uses "Medical Power of Attorney"

If you are searching for a medical power of attorney form in Indiana, you need to know that the terminology and the law have changed. Senate Enrolled Act 204 consolidated Indiana's healthcare decision-making instruments effective July 1, 2021, with a full transition completed by December 31, 2022. The state retired three separate documents — the healthcare power of attorney (formerly IC § 30-5-5-16), the appointment of healthcare representative (IC § 16-36-1-7), and the living will declaration (IC § 16-36-4-10) — and replaced them all with a single unified instrument.

That instrument is the Advance Directive for Health Care Decisions under IC § 16-36-7. It allows a declarant to appoint one or more Health Care Representatives (HCRs) who can make medical decisions, consult with healthcare providers, and access protected health information. The same document also covers end-of-life wishes, anatomical gifts, and funeral planning declarations.

The practical consequence: if you download an Indiana "medical power of attorney" form from a national template site, check the date. If it predates 2023, it uses retired legal terminology that could create confusion at hospitals and care facilities.

How to Execute an Advance Directive in Indiana

The execution requirements under IC § 16-36-7-28 are specific and non-negotiable. The document must be in writing, dated, and signed by the declarant (or signed on their behalf in their presence and at their express direction). It must then be validated through one of two methods.

The first option is two adult witnesses, at least one of whom is not a spouse or relative of the declarant, who sign in the declarant's presence. The second option is a notary public who signs or acknowledges the document and attaches a standard notarial certificate.

Indiana also permits remote execution for families separated by distance. The declarant and witnesses or notary can interact through real-time audiovisual technology. Alternatively, the document can be signed in paper counterparts, provided all separately signed versions are combined into a single composite document within ten business days of receiving the final signature. Telephonic witnessing is permitted under specific conditions, but telephonic notarization is strictly prohibited.

The Proxy Decision-Maker Hierarchy

What happens if your parent loses the ability to make healthcare decisions and has no Advance Directive in place? Indiana does not leave this entirely to chance. IC § 16-36-1-5 establishes a default statutory hierarchy of proxy decision-makers.

The order is: a judicially appointed guardian first, then the spouse (unless legally separated or in a pending divorce), then adult children. If there are multiple adult children, the healthcare provider must seek consent from a majority of those reasonably available — a requirement that can create real friction when siblings disagree about treatment plans. After adult children come parents, then adult siblings, then surviving adult relatives of the next closest degree of kinship.

This hierarchy works adequately in routine situations. It fails badly in emergencies, contested family dynamics, or situations where the "reasonably available" standard introduces ambiguity. A properly executed Advance Directive eliminates these problems by naming a specific person with clear authority.

The Difference Between Financial and Medical Authority

A common mistake is assuming that a durable financial power of attorney covers medical decisions. It does not. Indiana separates these into distinct legal instruments.

The durable financial POA under IC 30-5 governs banking, bill-paying, real estate, tax filings, benefit applications, and trust creation. The Advance Directive under IC 16-36-7 governs medical treatment decisions, end-of-life care, organ donation, and healthcare information access. Most families need both documents, and they have different execution requirements.

The financial POA requires either a notary or two witnesses under IC § 30-5-4-1.5 (with strict interested witness rules). The Advance Directive requires either two witnesses (one of whom must not be a spouse or relative) or a notary under IC § 16-36-7-28. The witness rules are different between the two documents — do not assume that one set of witnesses satisfies both.

When Your Parent Cannot Sign

If your parent has already lost the cognitive capacity to understand what they are signing, they cannot execute an Advance Directive. The document requires the declarant to have the mental ability to understand the nature and consequences of appointing a representative.

At that point, the family falls back on the statutory proxy hierarchy described above. If that hierarchy produces conflicts — siblings disagree, or the designated proxy is not acting in the parent's interest — the only remedy is a guardianship petition through probate court, which grants a court-appointed guardian the authority to make healthcare decisions.

The Indiana Legal Authority System covers the Advance Directive execution process alongside the financial POA, with a step-by-step checklist for each document and guidance on what to do when capacity is already compromised.

See more Indiana guides →