Health care directive in Indiana: form, signing and who decides

The form, who can witness, who can be your agent and who decides if you have no directive in Indiana.

Checked against official sources: October 31, 2026.

Short answer

Advance directive

How to sign
Notarized or signed by two adult witnesses
Who decides without a directive
Yes

The document and its form

Document
Advance directive
Living will

Living will declaration

Part of the directive.

A person 18 or older of sound mind can sign a living will declaration saying they do not want dying artificially prolonged. It must be voluntary, written, dated and signed in front of two competent adult witnesses or a notary public. A witness cannot be the person who signed for you, your parent, spouse or child, someone entitled to part of your estate, or someone directly financially responsible for your medical care.

Law: IC 16-36-4-8, 16-36-4-10

Signing rules

How to sign

Sign the advance directive in front of two adult witnesses (at least one not your spouse or relative) or in front of a notarial officer who completes a notarial certificate. You do not have to use any particular form. Give a complete copy to each named health care representative whose authority is immediately effective, and to your health care provider.

Who signs

Signed by you, or by another adult at your specific direction in your presence (that person cannot be a witness, the notarial officer, or a health care representative named in it).

Notary
A notary or witnesses (your choice)
Witnesses
2 (instead of a notary)
Who cannot witness

Two adult witnesses must sign in your presence; at least one of them cannot be your spouse or other relative. The person who signs for you cannot be a witness.

Electronic signing

Electronic signatures are allowed, and a remote online or electronic notarization under IC 33-42-17 satisfies the notary option. Witnesses can be 'present' by audiovisual technology as defined in the chapter; if that is impossible or impractical, witnesses (not a notary) may use telephonic interaction, and the directive must say so.

Law: IC 16-36-7-19, 16-36-7-28(c), (e)-(h)

Law: IC 16-36-7-28, 16-36-7-30, 16-36-7-31

Who can be your agent and what the agent can do

Who cannot be your agent

You can name one or more competent adults or other persons as health care representatives. The chapter does not list other people barred from serving as a named representative.

Law: IC 16-36-7-28(a)(1)

When the agent starts

Unless the directive sets a later date or event, it is effective immediately when properly signed, but while you have capacity your own decisions override the representative's. If it says it starts on incapacity and gives no procedure, the treating physician evaluates your capacity and records the finding in your medical record.

Law: IC 16-36-7-34(1), (7), 16-36-7-35

Decisions an agent cannot make

The directive can limit the representative, for example prohibiting consent to mental health treatment or naming a different person for it, and can require an advocate to monitor the representative. A health care provider may refuse a representative's decision it finds medically inappropriate or clearly contrary to your best interests.

Law: IC 16-36-7-29; IC 16-36-7-35(c)

Revoking and conflicting documents

Revoking your agent

You can revoke an advance directive, or the naming of a health care representative, by signing a new advance directive or a written revocation with the same signing formalities, or by saying so in the direct physical presence of a health care provider.

Law: IC 16-36-7-32(a)

Revoking your instructions

Unless you have been determined incapacitated, you can always orally revoke a health care decision or treatment preference in the directive. A living will declaration can be revoked by a signed, dated writing, by destroying it, or by an oral statement; it takes effect when communicated to the attending physician (IC 16-36-7-32(a); 16-36-4-12).

Telling others

Until a health care representative or provider has actual knowledge of a valid revocation, the representative's decisions remain binding and providers may rely on them.

Law: IC 16-36-7-32(b)

Conflicting documents

If you sign more than one advance directive, the last one revokes the earlier ones unless it says they stay in effect. If you are incapacitated and have conflicting documents (an IC 16-36-7 directive, an older health care representative appointment or power of attorney with health care powers signed before January 1, 2023, or another state's directive), the document you signed last controls.

Law: IC 16-36-7-34(4); IC 16-36-7-44

Law: IC 16-36-7-32; IC 16-36-4-12

If you have no directive

Who decides without a directive

A proxy decides only if you cannot consent and have no advance directive in effect, or your representative is not willing, able or reasonably available. The proxy must decide as you would have, or in your best interests if your wishes are not known, and follow your living will and POST form if any. People at the same level should try to agree; if they disagree, the majority of those available controls. A spouse who is legally separated or has a pending divorce, separation or annulment case, a person under a protective order to avoid you, a person charged with a crime against you, and anyone your directive disqualifies cannot act as proxy.

  • Your court-appointed guardian or a previously appointed health care representative
  • Your spouse
  • An adult child
  • A parent
  • An adult brother or sister
  • A grandparent
  • An adult grandchild
  • The nearest other adult relative
  • An adult friend who has kept regular contact and knows your activities, health and religious or moral beliefs
  • Your religious superior, if you are a member of a religious order

Law: IC 16-36-7-42, 16-36-7-43

Other states, registry and medical orders

Signed in another state

A directive signed while you lived or were located outside Indiana is valid if it meets Indiana's signing rules or the law where you lived or were when you signed.

Law: IC 16-36-7-28(j)

POLST (medical orders)

Physician Orders for Scope of Treatment (POST)

Mental health directive

You can make a psychiatric advance directive stating treatment preferences (such as inpatient admission, medication, restraint, seclusion or electroconvulsive therapy) for periods of incapacity. It must include your signature and date, your treating physician or mental health personnel, your health care representative, and the signature of your treating psychiatrist attesting to your capacity and the appropriateness of your preferences.

Law: IC 16-36-1.7-2, 16-36-1.7-3

Law: IC 16-36-6

Free notice: revoke or change a health care directive

Names and addresses of people and facilities that should know. They go into your letter only.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

Free help in Indiana

Report abuse or exploitation

Indiana Family and Social Services Administration, Adult Protective Services · 800-992-6978

Questions about powers of attorney in Indiana

How do I sign a health care directive in Indiana?

Sign the advance directive in front of two adult witnesses (at least one not your spouse or relative) or in front of a notarial officer who completes a notarial certificate. You do not have to use any particular form.

Who decides my health care if I have no directive in Indiana?

A proxy decides only if you cannot consent and have no advance directive in effect, or your representative is not willing, able or reasonably available. The proxy must decide as you would have, or in your best interests if your wishes are not known, and follow your living will and POST form if any.

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