Indiana Code 16-36-7-44. Material conflict between multiple documents
(1) an appointment of a health care representative executed under IC 16-36-1 before January 1, 2023;
Terms Used In Indiana Code 16-36-7-44
- 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
- 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
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(3) a similar advance directive executed by the declarant under the laws of another state in which the declarant was physically present at the time of signing; and
if a material conflict exists between multiple documents described in this section or if a material conflict exists between the health care decisions that different health care representatives or other authorized agents propose to make under the multiple documents, or if there is a material difference between the documents, then the document signed last by the declarant and the authority of the named representatives or agents in that document controls.
As added by P.L.50-2021, SEC.63.