Can More Than one Person Be Appointed in a Health Care Power of Attorney in Indiana?
Indiana statutes allow a single person to serve as a health care representative. It is not advisable to have more than one person able to make health care decisions, as this may create conflicts. However, it is possible to name a successor appointee if the first person named in unable or unwilling to serve. The appointee may also delegate the authority to another.
Please see the following IN statutes:
IC 16-36-1-6 (a) An individual authorized to consent to health care for....
(a) An individual authorized to consent to health care for another under
section 5(a)(2), 5(b)(2), or 5(b)(3) of this chapter who for a time will
not be reasonably available to exercise the authority may delegate the
authority to consent during that time to another individual not
disqualified under section 9 of this chapter. The delegation:
(1) must be in writing;
(2) must be signed by the delegate;
(3) must be witnessed by an adult; and
(4) may specify conditions on the authority delegated.
(b) Unless the writing expressly provides otherwise, the delegate may not
delegate the authority to another individual.
(c) The delegate may revoke the delegation at any time by notifying
orally or in writing the delegate or the health care provider.
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 16-36-1-8 (a) A health care provider or any interested individual
(a) A health care provider or any interested individual may petition the
probate court in the county where the individual who is the subject of the
petition is present for purposes of receiving health care to:
(1) make a health care decision or order health care for an individual
incapable of consenting; or
(2) appoint a representative to act for the individual.
(b) Reasonable notice of the time and place of hearing a petition under
this section must be given to the following:
(1) The individual incapable of consenting.
(2) Anyone having the care and custody of the individual.
(3) Those individuals in the classes described in section 5 of this
chapter who are reasonably available and who are designated by the court.
(c) The probate court may modify or dispense with notice and hearing if
the probate court finds that delay will have a serious, adverse effect upon
the health of the individual.
(d) The probate court may order health care, appoint a representative to
make a health care decision for the individual incapable of consenting to
health care with the limitations on the authority of the representative as
the probate court considers appropriate, or order any other appropriate
relief in the best interest of the individual if the probate court finds
(1) A health care decision is required for the individual.
(2) The individual is incapable of consenting to health care.
(3) There is no individual authorized to consent or an individual
authorized to consent to health care:
(A) is not reasonably available;
(B) declines to act; or
(C) is not acting in the best interest of the individual in need of