If you become unable to direct your own medical care because of illness, an accident, or advanced age, the right legal documents are your lifeline. When you don't write down your wishes about the kinds of medical treatment you want and name someone you trust to oversee your care, these important matters can be placed in the hands of estranged family members, doctors, or sometimes even judges, who may know very little about what you would prefer.
There are two basic kinds of health care documents that everyone should make. First, you'll need a document naming a trusted person to direct your health care if you are unable to do so yourself. This document is commonly called a power of attorney. In Indiana, the official name for this form is a durable power of attorney for health care and appointment of health care representative.
Second, you should make a document setting out the types of medical treatment you would or would not like to receive in certain situations. This document is often known as a living will. In Indiana, this form is called a living will or life-prolonging procedures declaration.
In Indiana, the person you name to make decisions for you is called your attorney-in-fact and health care representative. Most people name a spouse, partner, relative, or close friend as their attorney-in-fact and health care representative. In Indiana, there are no specific legal requirements as to who can or cannot be your attorney-in-fact and health care representative. We suggest that your representative be at least 18 years old and that you don't name your doctor as your representative.
When choosing your attorney-in-fact and health care representative, the most crucial criteria are trustworthiness and dependability. You might also want to choose someone you think will be good at asserting your health care wishes if others argue against them -- that is, someone who is persistent or calm under pressure.
While you need not name someone who lives in Indiana, the person you name should at least be willing and able to travel to your bedside if necessary.
Your attorney-in-fact and health care representative will begin to make health care decisions for you when you lack the capacity to do so. For more information, see Nolo's article Living Wills and Powers of Attorney for Health Care: How They Work.
You usually don't need a lawyer to prepare documents directing your health care. In fact, state governments have designed these forms for people to complete on their own by filling in the blanks. You can find the health care forms you need for Indiana in Nolo's Quicken WillMaker Plus software. The software includes detailed instructions for completing your documents and meets all Indiana legal requirements.