Indiana Will Laws

  Indiana

Here you will find legal terms and their application by state as this can vary depending on where you live.

Reciprocity - The practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another. Certain states will limit the extent to which they honor health care directives(reciprocity) from other states, meaning they will only accept them so far as they comply with their own laws. This creates a bit of a legal grey area, however, most times it doesn't become an issue.

State Law Citation and Title

IN CODE § 29-1-2-0.1 to 29-1-2-15

Indiana Code Title 29, Article 1, Chapter 2 (Intestate Succession and Rights of Certain Interested Persons)

State Law Statute

§16-36-4-1 et seq. Living Wills and Life Prolonging Procedures Act

Specific Powers

Living will declarant may ask that life prolonging procedures that would sustain, restore, or supplant a vital function or that would serve to prolong the dying process not be used in case of terminal diagnosis and incapacity; this does not include any medical procedure or medication necessary to provide comfort care or alleviate pain.

Revocation Duration

Any living will declaration is presumed valid. A living will is revocable at any time by:

1. a revocation signed and dated in writing
2. physical destruction of the original document by the declarant or at declarants direction
3. oral expression of revocation by the declarant

Transfer Unwilling

Physician who refuses to comply shall transfer to another physician who will comply unless:

1. physician believes declaration is not validly executed and
2. patient is unable to validate declaration. If patient not transferred for above reason, physician should try and ascertain patients intent and declarations validity from persons listed in §16-36-413 (g)(1-7).

   Immunity Physician

   Act of withdrawing or withholding lifeprolonging procedures for qualified patient is lawful, and physician is not subject to criminal or civil liability or unprofessional conduct if done in good faith and in accordance with reasonable medical standards. Violation of any provisions of act subjects physician to disciplinary sanctions by medical licensing board.