Get to Know all About Indiana Living Wills
Part of the spectrum of documents used by clients in the area of elder law includes a particular type of advance directive called a living will. A living will is a written instrument drawn in compliance with Indiana law that allows you to make decisions about your care in the event that you lose the ability to speak for yourself. It is important to prepare a living will because it will assist your family, friends and your doctor to know your wishes in the event you cannot communicate your wishes . Generally, a living will is intended for use when a person is at the end of his or her life and the matter at issue is a decision about whether to continue aggressive medical treatment. Thus, the living will is focused on your wishes related to continued medical treatment if you are terminally ill, in a persistent vegetative state, or experiencing a severe and incurable condition other than terminal illness.
The Ins and Outs of Indiana Living Will Laws
In Indiana, there are several nuances that make the Indiana living will form unique. One of these is that the form states, "having considered the conditions under which artificial nutrition and hydration must be provided for my condition as described above, I specifically consent to or refuse the provision of nutrition and/or hydration by artificial means in these instances." This language is not commonly found in living will forms in other states. The Indiana form asks the declarant (the person signing the form) to consider the conditions under which artificial nutrition and hydration ("artificial means") are provided. This is important because certain conditions may make artificial means unnecessary or burdensome.
Also, Indiana requires the signature of the person giving the direction or of an authorized individual. A witness must also sign the Indiana living will form.
Filling Out an Indiana Living Will Form
Completing an Indiana living will form can be a daunting process, but knowing the steps to take can make the process much easier. In order to complete a living will for in Indiana, you must first understand the three choices: The Indiana living will form must be completed and signed in front of two witnesses. In Indiana, a witness cannot be listed as an Attorney in Fact or a Health Care Representative. You must then fill out the Indiana living will form. You do not have to fill out all of the information at once. The form allows you to section off choices so that the person can come back at a later date to make updates and changes where needed. It is important to fully understand the choices before filling out the Indiana living will form. After filling out the form, you and the two witnesses must each sign at the bottom of the document to validate your decisions. Once it is signed you must send the original copy to the hospital or doctors office to be placed on file. It is important to keep a copy for your own records, as well as provide a copy to any relatives that could be involved in your health care. You may also want to put that information on file with an emergency hotline.
Advantages of an Indiana Living Will
The benefits of having a living will in Indiana can primarily be attributed to the specific role it plays within the context of Indiana state law. Unlike states that have "do not resuscitate" (DNR) orders allowing individuals to refuse life-prolonging medical procedures, Indiana does not recognize DNR’s unless they are part of a living will. As such, the living will is the only tool you have within the state of Indiana to respond to situations that may leave you incapacitated to provide direction to your attending physicians: specifically, whether or not you want to be kept alive while in a persistent vegetative state and other situations in which life-prolonging medical procedures must be taken in order to keep you alive .
In situations where there is little to no hope for recovery, the Indiana living will provides specific directions to your physician’s about how to proceed in the event that you are unable to make or communicate such decisions for yourself. The decision made by the physician must follow the wishes outlined in the living will so it is important that you have one to ensure your wishes are known.
Common Queries on Indiana Living Wills
Here are some of the questions we get asked most about Indiana living wills:
What is the difference between a living will and a health care power of attorney?
A health care power of attorney appoints someone to make medical decisions for you when you are unable to do so yourself, while a living will is more like a set of instructions that a health care agent must follow when making health care decisions on your behalf.
Are living wills revocable?
Yes, you can change or revoke a living will at any time. Just be sure to inform anyone with a copy (such as your health care provider) that you’ve changed your mind.
Do I need a lawyer to draft a living will for me?
No, you don’t need a lawyer to draft a living will, but it is always advisable that you consult with an attorney before making any estate planning decisions.
How long is a living will valid in Indiana?
The Indiana living will is valid as long as you have not revoked it and have not been determined to be incompetent by the court.
I already have a will. Do I need a living will too?
While a will and a living will both relate to end-of-life decisions, they carry out different functions. A will is a document that deals primarily with the estate closure process, while a living will governs health care decisions.
Distingushing Living Wills and Advance Directives
The majority of people seem to confuse a living will with other types of advance health care directives. An advance health care directive is an expression of individuals’ wishes about their future medical care; it can be a living will or other written document appointing another person to make medical treatment decisions. In Indiana, a living will only deals with end-of-life decisions and stretches over a much narrower range of issues. An advance health care directive not only can address end-of-life decisions, but also other decisions that may arise throughout the course of an individual’s medical care. A living will in Indiana is merely a subset of an advance health care directive and addresses only the choices a person wants to be made on his or her behalf at some point in the future in the event an attending physician determines that he or she has an incurable and terminal injury, disease, or illness or a condition so fatal that death is imminent, and the person is no longer able to make decisions.
In contrast , an advance health care directive is a document that combines a living will with a durable power of attorney concerning medical care or is a separate written document directing a person’s future medical care based on a person’s wishes. Generally, an advance health care directive is a written document, authorized and signed by an individual, that appoints another person (known as an agent or representative) to direct health care decisions when a principal can no longer communicate those wishes or make decisions on his or her own, and also deals with the instructions or wishes the principal leaves regarding medical decisions should there come a time that he or she can no longer communicate decisions. An advance health care directive can also contain instructions regarding the granting of authority to an agent to consent to a medical intervention or refusing a medical intervention, the withholding or withdrawal of life-sustaining procedures, anatomical gifts, the designating of a clergy person to provide spiritual support to the individual and his or her family, funeral arrangements upon the person’s death, and any other instructions the principal wishes to provide.