Sec. 38. If a health care representative designated in an advance directive has authority to:

(1) make an anatomical gift on behalf of the declarant;

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Terms Used In Indiana Code 16-36-7-38

  • advance directive: means a written declaration of a declarant who:

    Indiana Code 16-36-7-2

  • declarant: means a competent adult who has executed an advance directive. See Indiana Code 16-36-7-4
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • health care: means any care, treatment, service, supplies, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including preventive, therapeutic, rehabilitative, maintenance, or palliative care, and counseling. See Indiana Code 16-36-7-9
(2) authorize an autopsy of the declarant’s remains; or

(3) direct the disposition of the declarant’s remains;

under either the explicit provisions of the advance directive or section 34(5) of this chapter, the anatomical gift, autopsy, or remains disposition is considered the act of the declarant or of the person who has legal authority to make the necessary decisions.

As added by P.L.50-2021, SEC.63.