Sec. 4. (a) An individual described in section 3 of this chapter may consent to health care unless, in the good faith opinion of the attending physician, the individual is incapable of making a decision regarding the proposed health care.
(b) A consent to health care under section 5, 6, or 7 of this chapter is not valid if:
(1) the health care provider has knowledge that the individual has indicated contrary instructions in regard to the proposed health care; and
(2) the individual has not been determined to be incapable of consenting to health care by:
(A) an order of a probate court under section 8 of this chapter; or
(B) the individual's attending physician under subsection (a).
[Pre-1993 Recodification Citation: 16-8-12-3.]
As added by P.L.2-1993, SEC.19. Amended by P.L.50-2021, SEC.36.
Structure Indiana Code
Chapter 1. Health Care Consent
16-36-1-3. Consent for Own Health Care; Minor's Blood Donation
16-36-1-4. Incapacity to Consent; Invalid Consent
16-36-1-5. Persons Authorized to Consent for Incapable Parties; Minors
16-36-1-6. Delegated Authority to Consent on Behalf of Incapable Party
16-36-1-8. Probate Court Petition; Hearing; Notice; Findings
16-36-1-9. Disqualification of Person to Consent for Patient or Health Care Recipient
16-36-1-9.5. Persons Who May Not Provide Consent
16-36-1-10. Immunity of Health Care Providers or Consenting Persons; Good Faith Requirement
16-36-1-11. Disclosure of Medical Information to Representative Authorized to Consent
16-36-1-12. Effect of Chapter on Other Law; Personal Liability of Representatives for Costs of Care
16-36-1-14. Incorporation of Ic 30-5 by Reference; Appointment of Health Care Representative