Section 16-36-1-4 - Incapacity to consent; invalid consent(a) An individual described in section 3 of this chapter may consent to health care unless, in the good faith opinion of the attending physician, the individual is incapable of making a decision regarding the proposed health care.(b) A consent to health care under section 5, 6, or 7 of this chapter is not valid if:(1) the health care provider has knowledge that the individual has indicated contrary instructions in regard to the proposed health care; and(2) the individual has not been determined to be incapable of consenting to health care by: (A) an order of a probate court under section 8 of this chapter; or(B) the individual's attending physician under subsection (a).Pre-1993 Recodification Citation: 16-8-12-3.
Amended by P.L. 50-2021,SEC. 36, eff. 7/1/2021.As added by P.L. 2-1993, SEC.19.