Medical power of attorney in Indiana: how it works, how to sign
The short answer
In Indiana, you name a health care representative in an advance directive. You sign it before two adult witnesses, at least one not a relative, or before a notary. If you name nobody, Indiana uses a ten-level list: spouse, adult child, parent, sibling, other relatives, then a close friend.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
In Indiana, the answer is a document called an "advance directive," and the person you name is your "health care representative." This page covers how to sign one, who can't be your witness, how a living will fits in, and what happens if you name nobody. It is part of our state-by-state planning guides. For the basics of the role, see what a medical power of attorney is.
What is the document called in Indiana?
Since 2021, Indiana's main health care document is an "advance directive" under IC 16-36-7. In it you can name a health care representative, write down your health care wishes and your views on life-prolonging treatment, and even rule out people you don't want to serve (IC 16-36-7-28).
Older documents still count. A health care representative appointment under the older chapter, or health care powers in a financial power of attorney, signed before January 1, 2023 remain valid (IC 16-36-1-7). New documents should use the advance directive.
How do I sign an advance directive in Indiana?
You sign it yourself, or another adult signs for you at your direction and in your presence. Then you sign in front of one of these (IC 16-36-7-28):
- Two adult witnesses, or
- A notarial officer.
Indiana also allows remote online notarization, and witnessing by video (or by telephone in limited cases) under detailed rules.
There is no required form. The state health department posts sample forms, but any document that meets the signing rules works (IC 16-36-7-30). An advance directive valid where you signed it is honored in Indiana.
That is a different signing rule from Indiana's financial power of attorney. Our Indiana power of attorney guide covers that document.
Who can't be my witness?
The rules are short (IC 16-36-7-28):
| Person | Can be a witness or the notary? |
|---|---|
| Your spouse or another relative | Yes, but at least one of two witnesses must not be your spouse or a relative |
| Someone who signs the document for you | No, and they also can't be your health care representative |
| A friend or neighbor | Yes |
The easiest path is a notary. If you use witnesses, make sure at least one is not related to you.
What can my health care representative decide?
Your health care representative makes the health care decisions you would make if you could. In daily terms that usually means talking with your doctors, reading your chart, and agreeing to or declining a test, a surgery or a new medicine in light of your wishes.
Writing your wishes down in the same document makes their job easier. The more they know, the less they have to guess.
Do I need a living will too?
Many people sign both. An advance directive names a person. A living will writes down your wishes about life-prolonging treatment, so that person isn't guessing.
Indiana still has a separate "living will declaration" with a form in the statute (IC 16-36-4-10). It must be voluntary, in writing, signed, dated, and signed before two adult witnesses or a notary. A witness can't be:
- The person who signed for you.
- Your parent, spouse or child.
- Anyone who would inherit from you, by will or by law.
- Anyone directly financially responsible for your medical care.
A living will declaration has no effect during pregnancy (IC 16-36-4-8). You can also fold living will wishes into your advance directive (IC 16-36-7-2). Our post on health care power of attorney vs living will explains how they work together, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
Indiana has one of the broadest default lists in the country. If you can't consent and have no advance directive in effect (or your representative isn't willing, able or reasonably available), a "proxy" decides in this order (IC 16-36-7-42):
| Order | Who decides |
|---|---|
| 1 | A court-appointed guardian or court-appointed health care representative |
| 2 | Your spouse |
| 3 | An adult child |
| 4 | A parent |
| 5 | An adult brother or sister |
| 6 | A grandparent |
| 7 | An adult grandchild |
| 8 | The nearest other adult relative |
| 9 | A close adult friend |
| 10 | Your religious superior, if you belong to a religious order |
When several people share a level, such as three adult children, they try for consensus, and a majority of those available decides (IC 16-36-7-43).
Some people are ruled out. A spouse who is legally separated, or who has a pending divorce, separation or annulment, can't serve. Neither can someone under a protective or no-contact order, someone facing a pending criminal charge where you are the alleged victim, or anyone you disqualified in an advance directive.
Can a close friend serve? Yes, at level 9. The friend must be an adult who keeps regular contact with you and knows your activities, health, and religious or moral beliefs. But a friend comes after every relative, down to a distant cousin.
The proxy must decide as you would have. Our post on medical decisions without a power of attorney compares how other states handle this, and the 50-state guide to default decision-makers has the full picture. You can also check your own situation with our short who decides for me tool.
Here is a typical case, a composite. Patricia is 71, widowed, and lives in Carmel. Her nearest relative is a cousin in Ohio she hasn't seen in years. Her friend Diane drives her to appointments and knows what she would want. Without a document, the cousin ranks ahead of Diane. Patricia names Diane as her health care representative, with her cousin as backup.
How do I choose my health care representative?
Once the signing is done, the practical questions matter most. A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't.
Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.
When your health papers are done, our Indiana probate guide covers what happens to your home and savings later.
Common questions
Does a medical power of attorney need to be notarized in Indiana?
No. An advance directive can be signed before a notary or before two adult witnesses. If you use witnesses, at least one must not be your spouse or a relative.
Can a family member witness my Indiana advance directive?
Yes, one of them can. At least one of your two witnesses must not be your spouse or another relative. A notary avoids the question.
Who makes medical decisions in Indiana if there's no advance directive?
A proxy, in this order: a court-appointed guardian or representative, your spouse, an adult child, a parent, an adult sibling, a grandparent, an adult grandchild, the nearest other relative, a close friend, and a religious superior.
Is my old Indiana health care representative form still valid?
Yes, if it was signed before January 1, 2023 under the old rules. New documents should be advance directives under IC 16-36-7.
Is there an official Indiana form?
No form is required. The state health department posts sample advance directive forms, and the living will declaration has a form in the statute.
Sources
- IC 16-36-7-28: Advance directive signing requirements (Indiana Code Title 16, Indiana General Assembly)
- IC 16-36-7-30: Sample advance directive forms (Indiana Code Title 16, Indiana General Assembly)
- IC 16-36-7-42 and 16-36-7-43: Proxy decision-makers (Indiana Code Title 16, Indiana General Assembly)
- IC 16-36-4-8 and 16-36-4-10: Living will declaration and form (Indiana Code Title 16, Indiana General Assembly)
- IC 16-36-1-7: Health care representative appointments before 2023 (Indiana Code Title 16, Indiana General Assembly)
This page is general information, not legal or financial advice. Laws vary by state.