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Healthcare directives in Indiana (governed by Indiana Code § 16-36-1) include a healthcare representative designation (Healthcare Power of Attorney – naming someone to make medical decisions if you can’t), a living will (documenting end-of-life wishes), and a HIPAA authorization (allowing providers to discuss your health with family). Together, these documents ensure your medical wishes are honored and your family can make decisions on your behalf without court proceedings.
Three Components of Complete Healthcare Planning
Healthcare Representative Designation (Healthcare Power of Attorney)
This document (also called a “healthcare power of attorney”) names someone to make medical decisions if you become unable to communicate or decide. They can consent to treatment, refuse treatment, and speak with doctors — all based on what you would want, not what they think is best.
Living Will
A living will, which is different from a Last Will and Testament, is your written statement of end-of-life preferences. Do you want to be resuscitated if your heart stops? Do you want artificial nutrition and hydration? Do you want pain medication even if it shortens your life? A living will documents these preferences so doctors and your family know your wishes.
HIPAA Authorization
HIPAA (the Health Insurance Portability and Accountability Act) limits what medical providers can share with others, including your family. A HIPAA authorization allows your doctors to discuss your condition, treatment, and wishes with family members and anyone else you authorize. Without this, hospitals may refuse to tell your family anything.
Indiana Statutory Advance Directives
Indiana Code § 16-36-1 provides statutory forms for healthcare representative designations and living wills. If you follow the statutory form exactly, hospitals and doctors will recognize it without question. Custom forms work too, but statutory forms are often simpler and more widely accepted.
Funeral Planning Declarations
As part of your healthcare and end-of-life planning, many clients prepay for funeral arrangements or document preferences (burial vs. cremation, where to be buried, type of service). These aren’t legally required, but they relieve your family of difficult decisions at an emotional time. They can also prevent family disputes about how to honor you.
How Healthcare Directives Work
Imagine you suffer a stroke and cannot communicate. Your healthcare representative steps in. They show your healthcare directive to the hospital. Doctors explain options based on your living will preferences. Your family can access your health information (because of your HIPAA authorization). Your wishes are honored.
Without these documents, your family faces painful uncertainty. Are you in enough pain that you’d want to decline treatment? Would you want to be on a ventilator indefinitely? No one knows. Doctors default to maximum intervention. Your family may need to fight in court to honor what you would have wanted.
Healthcare directives prevent this. They give your family clear direction and legal authority to act.
Healthcare Directives versus Healthcare POA
These terms are sometimes confused, but in Indiana a Healthcare Power of Attorney names your healthcare representative for making healthcare decisions on your behalf. A Healthcare Directive (or Advance Directive) is the general term that cover all the documents that allow you to designate healthcare decisions for when you are incapacitated and cannot speak for yourself, such as your Healthcare Power of Attorney, Living Will and even your HIPAA authorization.
These documents are all recommended in addition to a Durable Power of Attorney. You typically need both. Durable Powers of Attorney handle the bills; Healthcare Directives handles the medical decisions.
How Griffith Xidias Law Group Helps
We walk you through what each document does, discuss your end-of-life preferences (how much treatment do you want, when would you want to decline intervention), and draft documents that honor those preferences. We also make sure they work with your power of attorney and other estate planning documents.
We provide you with copies to keep accessible as well as to provide to your healthcare providers. We also help you review and update them if your preferences change.
Learn more about healthcare and incapacity planning:
- Explore financial powers of attorney for complete incapacity planning
Return to estate planning.
Frequently Asked Questions
Is a living will the same as a healthcare directive?
No. A living will documents your end-of-life preferences. A healthcare directive (or advance directive) is the general term that cover all the documents that allow you to designate healthcare decisions for when you are incapacitated and cannot speak for yourself, such as your Healthcare Power of Attorney, Living Will and even your HIPAA authorization.. So a living will is just one of a number of healthcare directive forms.
What happens if I don’t have a living will?
Doctors default to maximum intervention — resuscitation, artificial feeding, aggressive treatment. Your family may need a court order to change this. A living will prevents this uncertainty.
Can I change my healthcare directives?
Yes. You can revoke or revise them at any time while you’re alive and mentally competent. Tell your doctors about any changes so they have the current version.
What does a HIPAA authorization actually do?
It allows your doctors to discuss your health condition, treatment options, and medical information with family members and others you name. Without it, hospitals may tell your family nothing due to privacy laws.