How Many Witnesses Are Required for a Health Care Power of Attorney in Indiana?
A health care power of attorney needs one witness to be valid in Indiana. However, if it contains living will provisions, meaning directions for the use of life prolonging procedures, it must have two witnesses. There are other statutory requirements, therefore a state-specific form is recommended. Please see the links to the forms below.
Please see the following IN statutes:
IC 16-36-1-7 (a) An individual who may consent to health care under....
(a) An individual who may consent to health care under section 3 of this
chapter may appoint another individual as a representative to act for the
appointor in matters affecting the appointor's health care.
(b) A representative appointed under this section must be an individual
who may consent to health care under section 3 of this chapter.
(c) An appointment and any amendment must meet the following conditions:
(1) Be in writing.
(2) Be signed by the appointor or by a designee in the appointor's
(3) Be witnessed by an adult other than the representative.
(d) The appointor may specify in the appointment appropriate terms and
conditions, including an authorization to the representative to delegate
the authority to consent to another.
(e) The authority granted becomes effective according to the terms of the
(f) The appointment does not commence until the appointor becomes
incapable of consenting. The authority granted in the appointment is not
effective if the appointor regains the capacity to consent.
(g) Unless the appointment provides otherwise, a representative appointed
under this section who is reasonably available and willing to act has
priority to act in all matters of health care for the appointor, except
when the appointor is capable of consenting.
(h) In making all decisions regarding the appointor's health care, a
representative appointed under this section shall act as follows:
(1) In the best interest of the appointor consistent with the purpose
expressed in the appointment.
(2) In good faith.
(i) A health care representative who resigns or is unwilling to comply
with the written appointment may not exercise further power under the
appointment and shall so inform the following:
(1) The appointor.
(2) The appointor's legal representative if one is known.
(3) The health care provider if the representative knows there is one.
(j) An individual who is capable of consenting to health care may revoke:
(1) the appointment at any time by notifying the representative orally or
in writing; or
(2) the authority granted to the representative by notifying the health
care provider orally or in writing.
IC 16-36-4-8 (a) A person who is of sound mind and is at least eighteen....
(a) A person who is of sound mind and is at least eighteen (18) years of
age may execute a life prolonging procedures will declaration under
section 11 of this chapter or a living will declaration under section 10 of this
(b) A declaration under section 10 or 11 of this chapter must meet the
(1) Be voluntary.
(2) Be in writing.
(3) Be signed by the person making the declaration or by another person
in the declarant's presence and at the declarant's express direction.
(4) Be dated.
(5) Be signed in the presence of at least two (2) competent witnesses who
are at least eighteen (18) years of age.
(c) A witness to a living will declaration under subsection (b)(5) may
not meet any of the following conditions:
(1) Be the person who signed the declaration on behalf of and at the
direction of the declarant.
(2) Be a parent, spouse, or child of the declarant.
(3) Be entitled to any part of the declarant's estate whether the
declarant dies testate or intestate, including whether the witness could
take from the declarant's estate if the declarant's will is declared
(4) Be directly financially responsible for the declarant's medical care.
For the purposes of subdivision (3), a person is not considered to be
entitled to any part of the declarant's estate solely by virtue of being
nominated as a personal representative or as the attorney for the estate in
the declarant's will.
(d) The living will declaration of a person diagnosed as pregnant by the
attending physician has no effect during the person's pregnancy.
(e) The life prolonging procedures will declarant or the living will
declarant shall notify the declarant's attending physician of the existence
of the declaration. An attending physician who is notified shall make the
declaration or a copy of the declaration a part of the declarant's medical
(f) A living will declaration under section 10 of this chapter:
(1) does not require the physician to use, withhold, or withdraw life
prolonging procedures but is presumptive evidence of the patient's desires
concerning the use, withholding, or withdrawal of life prolonging
procedures under this chapter; and
(2) shall be given great weight by the physician in determining the
intent of the patient who is mentally incompetent.
(g) A life prolonging procedures will declaration under section 11 of
this chapter does require the physician to use life prolonging procedures