Sec. 16. (a) This section does not prohibit an individual capable of consenting to the individual's own health care or to the health care of another from consenting to health care administered in good faith under the religious tenets and practices of the individual requiring health care.
(b) Language conferring general authority with respect to health care powers means the principal authorizes the attorney in fact to do the following:
(1) Employ or contract with servants, companions, or health care providers to care for the principal.
(2) Consent to or refuse health care for the principal who is an individual in accordance with IC 16-36-4 and IC 16-36-1 by properly executing and attaching to the power of attorney a declaration or appointment, or both.
(3) Admit or release the principal from a hospital or health care facility.
(4) Have access to records, including medical records, concerning the principal's condition.
(5) Make anatomical gifts on the principal's behalf.
(6) Request an autopsy.
(7) Make plans for the disposition of the principal's body, including executing a funeral planning declaration on behalf of the principal in accordance with IC 29-2-19.
(c) Notwithstanding any other law, a document granting health care powers to an attorney in fact for health care may not be executed under this chapter after December 31, 2022. However, if a power of attorney that is executed after December 31, 2022, is written to grant both:
(1) health care powers; and
(2) nonhealth care powers under this chapter;
to an attorney in fact, the health care powers are void, but all other powers granted by the power of attorney will remain effective and enforceable under this article.
As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993, SEC.154; P.L.143-2009, SEC.30; P.L.81-2015, SEC.20; P.L.50-2021, SEC.74.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
30-5-5-1. Incorporation of Powers; References; Similar or Overlapping Powers; Modification
30-5-5-2. Real Property Transactions
30-5-5-3. Tangible Personal Property Transactions
30-5-5-4. Bond, Share, and Commodity Transactions
30-5-5-5. Banking Transactions
30-5-5-6. Business Operating Transactions
30-5-5-7. Insurance Transactions
30-5-5-7.5. Transfer on Death Transfers
30-5-5-8. Beneficiary Transactions
30-5-5-10. Fiduciary Transactions
30-5-5-11. Claims and Litigation
30-5-5-13. Benefits From Military Service
30-5-5-14. Records, Reports, and Statements
30-5-5-15. Estate Transactions
30-5-5-16. Health Care Powers; Religious Tenets; Funeral Planning Declaration
30-5-5-17. Consent to or Refusal of Health Care