Advance directive is a term that refers to a person’s instructions about future medical care and treatment. The Indiana Department of Health presents the information on this website for general information purposes and as required by Indiana law. The information provided does not, and is not intended to, constitute legal advice. Further, the websites linked to this page are not owned or controlled by the Indiana Department of Health.
Note that the Indiana Department of Health is unable to provide the general public with legal advice, representation, or legal services. We cannot answer your legal questions or provide direct advocacy for advance directives. If you have additional questions about advance directives, please contact an attorney.
There is no official or mandatory advance directive form that must be followed, but the advance directive must meet the requirements of Indiana law to be valid. The health care advance directives chapter is IC 16-36-7, located in the Indiana Code linked at the bottom of this page under “Laws and Regulations.” Additionally, the following sample advance directive forms posted on third-party websites are current as of May 3, 2023:
POST Form
The POST form is a standardized form based on the patient’s current medical condition and preferences. The POST form may be completed by a patient, or if applicable, a patient’s legal representative or proxy. A representative may be a parent of a patient that is a minor, or a health care representative, guardian, or health care power of attorney. A representative may only complete the form if the patient is a minor and not authorized to consent under IC 16-36-1-3 or if the patient does not have decisional capacity.
A proxy must be a competent adult who is not a representative for the patient and is authorized and willing to make the health care decisions for the patient. A proxy is only authorized to complete a POST form for a patient if the patient does not have decisional capacity and has no representative able to act. The following individuals may serve as a proxy in decreasing order of priority:
- The judicially appointed guardian of the declarant or a health care representative appointed under IC 16-36-1-8 or IC 16-36-7-34(14).
- A spouse.
- An adult child.
- A parent.
- An adult sibling.
- A grandparent.
- An adult grandchild.
- The nearest other adult relative in the next degree of kinship.
- An adult friend who has maintained regular contact with the patient, and is familiar with the patient’s activities, health, and religious or moral beliefs.
- The patient’s religious superior.
Below is the new and updated Physicians Order for Scope of Treatment (POST) form.
Laws and Regulations
Links
The Indiana Patient Preferences Coalition
This website provides information about advance directives for patients, families, and healthcare providers. It includes answers to frequently asked questions and translations of the POST form in multiple languages for educational purposes only.
PREPARE for your Care
Provides tools, sample documents, and guidance for patients and medical providers regarding completing Advance Directives.
Advance Directives, MedlinePlus, U.S. National Library of Medicine, National Institute of Health
This website provides information about advance directives and provides links to other sites providing additional information.
Indiana State Guardianship Association
The Indiana State Guardianship Association was organized to strengthen guardianship and related services through networking, education, and tracking and commenting on legislation. A goal of the association is to improve services to people who are elderly, have mental illness, developmental disabilities, physical disabilities, and other incapacitating disabilities.
Guardianship and Alternatives to Guardianship, The Arc of Indiana
The Arc of Indiana was established to advocate for and serve people with intellectual and developmental disabilities. They provide information and resources to families raising a child with a disability.
National State by State Directory of POST Programs
This is a link to a state-by-state directory of Physician Order for Scope of Treatment (POST) programs. POST is known by different names in different states. Many states use the term POLST (Physician Orders for Life-Sustaining Treatment).