Indiana Living Will (Advanced Medical Directive)

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INDIANA LEGAL INFORMATION

Living Will (Advanced Medical Directive)-- Links and Statutes

  • Witnesses: Two witnesses are necessary to the signature of the maker;
  • Who may be a witness? "A witness to a living will declaration under subsection (b)(5) may not meet any of the following conditions:
    1. Be the person who signed the declaration on behalf of and at the direction of the declarant.
    2. Be a parent, spouse, or child of the declarant.
    3. Be entitled to any part of the declarant's estate whether the declarant dies testate or intestate, including whether the witness could take from the declarant's estate if the declarant's will is declared invalid.
    4. Be directly financially responsible for the declarant's medical care.
    For the purposes of this subdivision, a person is not considered to be entitled to any part of the declarant's estate solely by virtue of being nominated as a personal representative or as the attorney for the estate in the declarant's will."
    See Indiana Code Section IC §16-36-4-8(c).
  • Notary: There is no express provision in the Indiana statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;

  • Must health care agent sign form? No requirement that health care agent sign form;
  • Indiana Statutes containing living will requirements: Indiana Code 16-36-4, et al.
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