Indiana: Health Care Power of Attorney Requirements
The short answer
A competent Indiana adult may appoint a health care representative in a written advance directive signed personally or by another adult at the declarant's specific direction. The signer chooses either two adult witnesses or a notarial officer; if witnesses are used, at least one cannot be the declarant's spouse or other relative, and remote audiovisual or qualifying telephone witnessing is allowed. The representative's authority is immediate by default unless the directive delays it, but the competent declarant's own decisions always control.
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This is the general rule in Indiana. Ezel applies current Indiana law to your specific facts and answers with citations to the statutes.
| Governing law & document | Indiana Health Care Advance Directives, Ind. Code ch. 16-36-7 (effective 2021, current 2026 text). A single written advance directive may designate one or more health care representatives and also state treatment instructions (§§ 16-36-7-2, -28(a)). No official or unofficial form is required; the Department of Health maintains resources and sample forms (§ 16-36-7-30) |
|---|---|
| Who can sign | A 'declarant' is a competent adult (§ 16-36-7-4). The declarant signs, or another adult signs the declarant's name at the declarant's specific direction and in the declarant's presence (§ 16-36-7-28(b)). The directed signer cannot also be a witness, notarial officer, or designated representative. 'Written' and 'sign' include retrievable electronic records and electronic signatures (§§ 16-36-7-22, -26); § 28 does not require a date |
| Witnesses or notary | Two adult witnesses OR a notarial officer (§ 16-36-7-28(b)-(c)). Witnesses sign in the declarant's presence; acknowledgment may use compliant remote online/electronic notarization. Witness presence may be physical, live audiovisual, or qualifying real-time telephone interaction (§§ 16-36-7-19, -28(e)); notary presence may be physical or compliant live audiovisual, not telephone-only |
| Who can't witness or serve | At least one of the two witnesses may not be the declarant's spouse or other relative (§ 16-36-7-28(c)(1)); the second witness may be related. An adult who signs for the declarant cannot also witness, notarize, or serve as the designated representative (§ 16-36-7-28(b)(2)). Chapter 7 otherwise defines a representative as a competent adult or other designated person (§ 16-36-7-13) and does not add the common agent/provider/facility-employee witness bans |
| When the agent can act | Immediate by default: if the directive states no delayed date or future trigger, it takes effect when properly signed and witnessed or acknowledged (§ 16-36-7-34(1)). The competent declarant's decisions supersede the representative's. A directive may delay authority to a date, event, or incapacity (§ 16-36-7-29(1)-(2)); if springing and no method is stated, a physician, licensed psychologist, or judge determines incapacity (§ 16-36-7-34(7)), ordinarily recorded by the treating physician (§ 16-36-7-35(d)) |
| Agent's powers & limits | Unless the directive limits it, the representative may make all health care decisions while authority is active, access health information, apply for benefits, and authorize admission, discharge, or transfer (§ 16-36-7-36). 'Health care decision' includes consent, refusal, or withdrawal for all health care, including life-prolonging procedures and mental health treatment (§ 16-36-7-10); mental-health consent is presumed authorized (§ 16-36-7-34(8)), but the directive may prohibit it or name a different representative (§ 16-36-7-29(9)). A provider may refuse a decision that is medically inappropriate or clearly contrary to the declarant's best interests (§ 16-36-7-35(c)) |
| How to revoke | Revoke by signing another directive; signing a revocation document with the same execution formalities (and satisfying any added revocation conditions written into the directive); or orally stating the present intent to a health care provider in the provider's direct physical presence (§ 16-36-7-32(a)). A later directive supersedes earlier directives unless it preserves them (§ 16-36-7-34(4)). Amendment or restatement must be written and executed under § 16-36-7-28 (§ 16-36-7-32(c)) |
| Out-of-state directives | A writing signed while the declarant resides or is physically located outside Indiana is valid if the declarant was not incapacitated and it satisfies Indiana's signing rules or the law of the place where the declarant resided or was located (§ 16-36-7-28(j)). If an out-of-state directive materially conflicts with another valid Indiana/legacy document after incapacity, the last-signed document and its representative control (§ 16-36-7-44) |
Compare this rule across all 50 states + DC →
Indiana uses a combined health care advance directive. The same writing can appoint one
or more health care representatives and state treatment preferences, but this page focuses on
the appointment. The current rules are in Ind. Code chapter 16-36-7, enacted in 2021 and
reflected in the official 2026 code.
Requirements one by one
Governing law and document
An Indiana advance directive is a written declaration that can include "the designation of a
health care representative" (§ 16-36-7-2). Section 16-36-7-28(a) allows it to appoint one or
more representatives, state specific decisions, record treatment preferences, and disqualify
named people. You do not have to use a state form: § 16-36-7-30(b) says a declarant "is not
required to use any official or unofficial form."
Who can sign
The declarant must be a "competent adult" (§ 16-36-7-4). You may sign personally, or another
adult may sign your name at your specific direction, in your presence, and before the two
witnesses or notarial officer (§ 16-36-7-28(b)). That directed signer cannot double as a
witness, the notarial officer, or your designated representative. Indiana also permits an
electronic directive: "sign" includes an electronic signature (§ 16-36-7-22), and a writing
may be stored electronically if it can be retrieved, viewed, and printed (§ 16-36-7-26).
Witnesses or notary
Indiana gives you a choice: sign before two adult witnesses or before a notarial
officer (§ 16-36-7-28(b)-(c)). If you use witnesses, both sign in your presence. If you use
a notary, the officer completes and attaches the certificate, and compliant remote online or
electronic notarization is allowed. Witness presence is flexible: § 16-36-7-19 permits the
same room, real-time audiovisual communication, or — with identity safeguards — real-time
telephone interaction. Telephone-only execution is unavailable for the notary route
(§ 16-36-7-28(e)).
Who can't witness or serve
The witness restriction is narrower than many generic forms suggest. At least one witness
"may not be the spouse or other relative of the declarant" (§ 16-36-7-28(c)(1)); the second
witness may be related. The adult who signs your name at your direction cannot also witness,
notarize, or serve as your representative (§ 16-36-7-28(b)(2)). Chapter 7 otherwise defines
a representative as "a competent adult or other person" designated in the directive
(§ 16-36-7-13), without adding the common categorical bans on the agent, provider, facility
operator, employee, heir, or financially responsible person.
When the agent can act
Indiana is immediate by default. If your directive does not state a delayed date or future
trigger, it is effective immediately when properly signed and witnessed or acknowledged
(§ 16-36-7-34(1)). You remain in charge while competent: your own health care decisions
supersede the representative's. You may instead delay authority to a date, event, or future
incapacity (§ 16-36-7-29). If a springing directive does not name a capacity procedure, a
physician, licensed psychologist, or judge makes the determination (§ 16-36-7-34(7)); the
treating physician ordinarily evaluates and records it (§ 16-36-7-35(d)).
Agent's powers and limits
Unless you limit the grant, your representative may "make all health care decisions" while
the authority is active, access health information, apply for benefits, and authorize admission,
discharge, or transfer (§ 16-36-7-36). The definition reaches consent, refusal, or withdrawal
for "any and all health care," including life-prolonging procedures and mental health treatment
(§ 16-36-7-10). Mental-health consent is authorized by default (§ 16-36-7-34(8)), but your
directive may prohibit it or name a different representative for it (§ 16-36-7-29(9)). A
provider retains the same right to refuse a decision that is medically inappropriate or clearly
contrary to your best interests (§ 16-36-7-35(c)).
How to revoke
Section 16-36-7-32 gives three routes: sign another directive; sign a revocation document
using the directive's execution formalities and any extra revocation conditions written into
the directive; or orally state the present intent to revoke while directly, physically present
with a health care provider. A later directive supersedes earlier ones unless it expressly
keeps them in effect (§ 16-36-7-34(4)). An amendment or restatement must be written and
signed, witnessed, or acknowledged under § 16-36-7-28 (§ 16-36-7-32(c)).
Out-of-state directives
Section 16-36-7-28(j) recognizes a directive signed while you reside or are physically located
outside Indiana if you were not incapacitated and the document followed Indiana's execution
rules or the law where you resided or signed. If an out-of-state directive later conflicts with
an Indiana advance directive or a pre-2023 appointment after incapacity, the last-signed
document and its representative control (§ 16-36-7-44).
What trips people up
- Assuming the power springs only on incapacity. Indiana's default is immediate authority,
although your own decisions control while you have capacity (§ 16-36-7-34(1)). Write a
delayed trigger if that is what you want. - Using two relatives as witnesses. One witness may be related, but at least one must not
be your spouse or another relative (§ 16-36-7-28(c)(1)). - Trying to revoke by destroying a paper copy. Section 16-36-7-32 lists a new directive,
a formally signed revocation writing, or an oral revocation directly before a health care
provider. It does not list destruction alone. - Using telephone-only notarization. Witnesses may use qualifying telephone interaction,
but the declarant and notarial officer may not use telephone interaction alone
(§ 16-36-7-28(e)).
Common questions
Do I need both witnesses and a notary?
No. Use two adult witnesses or a notarial officer (§ 16-36-7-28(b)-(c)). Extra witness or
notary signatures do not invalidate an otherwise compliant directive.
Can one of my witnesses be a family member?
Yes. At least one witness must be neither your spouse nor another relative, so the other may
be related (§ 16-36-7-28(c)(1)).
Can I name more than one representative?
Yes. Section 16-36-7-28(a)(1) permits one or more representatives. If you do not specify
priority or joint action, each generally has concurrent individual authority (§ 16-36-7-34(3)).
Will my agent be able to see my medical information before incapacity?
If the appointment is immediately effective, the representative's statutory authority includes
access to appropriate health information (§ 16-36-7-36(a)(5)). A springing directive can still
permit access needed to determine incapacity (§ 16-36-7-34(7)(B)).
Statutes and sources
- Ind. Code §§ 16-36-7-2, -4, -10, -13 — combined directive, competent-adult declarant, health-care decisions, and representative definition. https://iga.in.gov/ic/2026/Title_16/Article_36/Chapter_7.pdf (accessed 2026-07-16)
- Ind. Code §§ 16-36-7-19, -22, -26 — physical/remote presence, electronic signature, and electronic writing. https://iga.in.gov/ic/2026/Title_16/Article_36/Chapter_7.pdf (accessed 2026-07-16)
- Ind. Code § 16-36-7-28 — appointment content, who signs, two-witness-or-notary execution, remote methods, and out-of-state signing. https://iga.in.gov/ic/2026/Title_16/Article_36/Chapter_7.pdf (accessed 2026-07-16)
- Ind. Code §§ 16-36-7-29, -30 — optional delay/mental-health provisions and no mandatory form. https://iga.in.gov/ic/2026/Title_16/Article_36/Chapter_7.pdf (accessed 2026-07-16)
- Ind. Code §§ 16-36-7-32, -34 — revocation, amendment, immediate default, later-directive priority, and springing trigger. https://iga.in.gov/ic/2026/Title_16/Article_36/Chapter_7.pdf (accessed 2026-07-16)
- Ind. Code §§ 16-36-7-35, -36 — incapacity determination, provider refusal, and representative authority. https://iga.in.gov/ic/2026/Title_16/Article_36/Chapter_7.pdf (accessed 2026-07-16)
- Ind. Code § 16-36-7-44 — conflicts with an out-of-state or legacy directive: last signed controls. https://iga.in.gov/ic/2026/Title_16/Article_36/Chapter_7.pdf (accessed 2026-07-16)
Source links
Every statute quoted above, linked, with the date we checked it.
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