Indiana Code
Chapter 6. Physician Order for Scope of Treatment (Post)
16-36-6-13. Petition for Relief; Court Authority

Sec. 13. (a) A health care provider, a health care facility, or an interested person that believes that following the medical orders set forth in the POST form will result in care or treatment, or the withholding of care or treatment, that:
(1) is inconsistent with the declarant's known preferences; or
(2) in the absence of the declarant's known preferences, is not in the declarant's best interest;
may seek relief under IC 16-36-1-8 by petitioning the probate court in the county where the declarant is located.
(b) If, in a proceeding sought under subsection (a), a probate court determines that following the medical orders in the declarant's POST form will result in care or treatment, or the withholding or withdrawal of care or treatment, that:
(1) is inconsistent with the declarant's known preferences; or
(2) in the absence of the declarant's known preferences, is not in the declarant's best interest;
the probate court may order any of the relief available under IC 16-36-1-8.
As added by P.L.164-2013, SEC.8. Amended by P.L.81-2015, SEC.14.

Structure Indiana Code

Indiana Code

Title 16. Health

Article 36. Medical Consent

Chapter 6. Physician Order for Scope of Treatment (Post)

16-36-6-1. "Consent"

16-36-6-2. "Declarant"

16-36-6-3. Repealed

16-36-6-4. "Post Form"

16-36-6-5. "Qualified Person"

16-36-6-6. "Representative"

16-36-6-6.5. Application of Chapter

16-36-6-7. Individuals Who May Complete a Post Form; Requirements; Representative Acting in Good Faith

16-36-6-8. Execution of Post Form; Requirements for Post Form to Be Effective; Signature

16-36-6-9. State Department Development of Post Form; Requirements; Internet; Not Liable

16-36-6-10. Original Kept by Declarant; Copy in Medical File

16-36-6-11. Revocation of Post Form; Effectiveness; Notification

16-36-6-12. Alternative Treatment Request Allowed

16-36-6-13. Petition for Relief; Court Authority

16-36-6-14. Post Form Not Effective During Pregnancy

16-36-6-15. Medical Orders in Post Form Effective in All Settings; Noncompliance; Contrary Care Not Required; Discussion of Order Requirement; Transfer of Care

16-36-6-16. Good Faith and Medical Standards; Immunity From Civil and Criminal Liability; Presumption of Compliance

16-36-6-17. No Modification or Alteration of Practice of Medicine or Nursing; Prohibition on Medically Inappropriate Treatment

16-36-6-18. Death Not Considered Suicide; Prohibition on Compelling Completion of Post Form; Legal Rights Not Superseded; Post Form Voluntary

16-36-6-19. No Authorization of Euthanasia

16-36-6-20. Execution or Revocation of Post Form Does Not Affect Other Legal Documents or Authority

16-36-6-21. Other State's Post Form; Web Site List