A medical power of attorney (MPOA) allows you to name a person to make healthcare decisions on your behalf if you’re incapable of making those decisions yourself. Your agent, also called a health care representative, can let doctors know your wishes and make important healthcare decisions for you if you’re unconscious or unable to communicate.
An Indiana medical power of attorney may also be called:
- Indiana Health Care Power of Attorney
- Indiana Appointment of Health Care Representative
Laws: Title 16, Article 36 of the Indiana Code governs the creation of medical powers of attorney in Indiana.
In addition to your medical power of attorney, consider creating the following complementary documents:
- Living Will: A Living Will outlines your healthcare wishes. If you have a medical power of attorney, your agent must abide by the wishes you describe in your living will.
- Indiana Financial Power of Attorney: A financial power of attorney allows you to appoint an agent to handle your financial affairs should you become incapacitated. You can give your financial agent the power to handle affairs like buying and selling real estate, managing your bank accounts, and paying your bills.
How to Fill in a Medical Power of Attorney in Indiana
Follow these steps to fill out your Indiana MPOA according to Indiana Code §16-36:
Step 1: Choose an Agent
Your agent, or health care representative, is responsible for your medical decisions if you become incapacitated.
Who should you choose as an agent?
The agent you choose should have a good understanding of your wishes relating to health care. They must be 18 years old or older and should be someone you trust to make important, possibly difficult, medical decisions on your behalf.
Relevant law: IC §16-36-1-7
Who can’t be your agent?
The following people can’t be your MPOA agent:
- Anyone under the age of 18
- A legally separated spouse or current spouse officially seeking divorce, separation, or annulment
- A person who can’t contact you due to a protective order or restraining order
- Any person with pending criminal charges that allege you as the victim
Although there are no specific laws about it, you should also ensure that your agent doesn’t have a conflict of interest, such as providing you with medical care (your doctor), or being named to inherit from your estate (your beneficiary).
Relevant law: IC §16-36-1-9.5
Can you have more than one agent?
You cannot have multiple agents at one time, but you can name a successor agent if your appointed agent is unable or unwilling to act.
Relevant law: IC §16-36-1-7
Step 3: Specify what healthcare decisions your agent can make
Indiana law doesn’t place many restrictions on health care agents’ powers, so it’s important to leave instructions in the document.
Can you limit your agent’s powers?
Yes, you can specify the decisions you don’t want your healthcare agent to make on your behalf in your MPOA document.
If you choose not to limit your agent’s power, they’ll be able to do any of the following:
- Access and release your medical records to others
- Refuse or consent to medical procedures
- Admit you to a healthcare facility
- Request an autopsy
- Decide whether to donate your organs
- Make funeral arrangements
You can also describe your specific wishes regarding these decisions in your MPOA document so your agent and doctors know how to proceed.
Relevant law: IC §16-36-1-6
What is your agent legally unable to do?
Your agent can’t do any of the following according to Indiana law:
- Authorize euthanasia
- Withdraw or withhold life-sustaining care if you’re pregnant
- Make any decisions that go against your wishes
Additionally, unless you specifically give authorization in the document, your agent can’t choose someone else to serve as your agent in their place.
Relevant law: IC §16-36-1-7 and IC §16-36-12
When can your agent start making decisions for you?
In Indiana, your medical power of attorney only goes into effect when you can’t consent to care or treatments on your own. That means your agent will no longer be able to make decisions about your health care if you regain decision-making capacity after a period of incapacity.
Relevant law: IC §16-36-1-7
Sign the form
You must sign the form for your medical power of attorney to be valid in Indiana.
Do you need a witness or notary signature?
You must have at least one adult witness your signature. Indiana law doesn’t require you to have the document notarized.
Relevant law: IC §16-36-1-7
Who can’t be a witness?
Legally, the only people who can’t serve as a witness to your Indiana MPOA are:
- Your agent
- Anyone under the age of 18
We recommend choosing someone who doesn’t have any personal interest in the agreement and knows you well enough to affirm your competence and willingness to sign.
Relevant law: IC §16-36-1-7
How long is your Indiana medical power of attorney effective?
Your Indiana medical POA is effective indefinitely until you revoke it. If you wish, you can also specify a certain date when the Power of Attorney expires.
Relevant Law: IC §16-36-1-7
How to Revoke an Indiana Medical Power of Attorney
If you want to revoke your medical power of attorney, you can do so with any of the following methods:
- Create a written revocation of power of attorney form
- Revoke your agent’s powers verbally or in writing
- Notify your health care provider orally or in writing of your wish to revoke
Although you can revoke your medical power of attorney orally in Indiana, we recommend recording the revocation and sharing copies with the involved parties.
Relevant law: IC §16-36-1-7 and IC §16-36-1-6