Sec. 10. A health care provider or other person who acts in good faith reliance on a direction or decision of an attorney in fact that is not clearly contrary to the terms of the power of attorney is protected and released from liability to the same extent as the provider or other person would be protected or released if the provider or other person had dealt directly with the principal as a fully competent person. In addition, the following rules shall be applied to protect and validate the acts of the attorney in fact and provider or other person:
(1) A health care provider or other person is not subject to civil or criminal liability or discipline for unprofessional conduct for complying with a direction or decision by the attorney in fact, even if death or injury to the principal results.
(2) If the actions of a health care provider who fails to comply with a direction or decision of the attorney in fact are substantially in accord with reasonable medical standards at the time of reference and the provider promptly transfers the principal to another health care provider, the provider is not subject to civil or criminal liability or discipline for failure to comply with the attorney in fact.
(3) If the principal's death results from withholding or withdrawing health care in accordance with the terms of a power of attorney, the death is not a suicide or homicide for any purpose under a statute or rule of law and does not impair or invalidate an insurance, annuity, or other type of contract that is conditioned on the life or death of the principal, a term of the contract notwithstanding.
As added by P.L.149-1991, SEC.2.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
30-5-9-1. Negligent Exercise of Power; Bad Faith
30-5-9-2. Attorney in Fact Benefiting From Act; Individual or Conflicting Interests
30-5-9-3. Amended or Terminated Power of Attorney
30-5-9-4. Errors of Judgment; Actions or Defaults of Other Persons
30-5-9-6. Successor Attorney in Fact Not Liable for Acts of Predecessor
30-5-9-7. Co-Attorneys in Fact
30-5-9-8. Good Faith Purchasers; Persons Accepting Authority of Attorney in Fact
30-5-9-9. Persons Refusing to Accept Authority of Attorney in Fact