Section 16-36-7-42 - Decisions made by proxy(a) For purposes of this section, the term "declarant" includes an individual who has not executed an advance directive or who does not have an advance directive currently in effect.(b) This section applies only if a declarant is not capable of consenting to health care, and: (1) the declarant has not executed an advance directive under this chapter or does not have an advance directive currently in effect; or(2) the declarant has executed an advance directive and the health care representative designated in the advance directive is not willing, able, or reasonably available to make health care decisions for the declarant.(c) Except as provided in section 43 of this chapter, health care decisions may be made for the declarant by any of the following individuals to act as a proxy, in the following decreasing order of priority, if an individual in a prior class is not reasonably available, willing, and competent to act:(1) The judicially appointed guardian of the declarant or a health care representative appointed under IC 16-36-1-8 or section 34(14) of this chapter.(8) The nearest other adult relative in the next degree of kinship who is not listed in subdivisions (2) through (7).(9) A friend who: (B) has maintained regular contact with the individual; and(C) is familiar with the individual's activities, health, and religious or moral beliefs.(10) The individual's religious superior, if the individual is a member of a religious order.(d) Any health care decision made under subsection (c) must be based on the proxy's informed consent and on the decision the proxy reasonably believes the declarant would have made under the circumstances, taking into account the declarant's express or implied intentions. If there is no reliable indication of what the declarant would have chosen, the proxy shall consider the declarant's best interests in deciding that proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn.(e) Before exercising the incapacitated declarant's rights to select or decline health care, the proxy must attempt to comply in good faith with:(1) the instructions, desires, or preferences, if any, stated by the declarant regarding life prolonging procedures in an advance directive executed under IC 16-36-1, IC 16-36-4, or IC 30-5; and(2) IC 16-36-6, if a valid POST form (as defined by IC 16-36-6-4) executed by the patient is in effect. However, a proxy's decision to withhold or withdraw life prolonging procedures must be supported by evidence that the decision would have been the one the declarant would have chosen had the declarant been competent or, if there is no reliable indication of what the declarant would have chosen, that the decision is in the declarant's best interests.
(f) If there are multiple individuals at the same priority level under this section, those individuals shall make a reasonable effort to reach a consensus as to the health care decisions on behalf of the declarant who is unable to provide health care consent. If the individuals at the same priority level disagree as to the health care decisions on behalf of the declarant who is unable to provide health care consent, a majority of the available individuals at the same priority level controls.(g) Nothing in this section shall be construed to preempt the designation of persons who may consent to the medical care or treatment of minors established under IC 16-36-1-5(b).Added by P.L. 50-2021,SEC. 63, eff. 7/1/2021.