Medical Power of Attorney in Indiana
How to name a health care agent in Indiana: signing and witness rules, the official form if the state has one, and how it relates to a living will.
Short answer: Indiana names a "health care representative" in an advance directive. The directive can designate one or more competent adults (or other persons) to make health care decisions or receive health information, and can disqualify named people from serving as representative or proxy. IC 16-36-7-28
| Medical power of attorney | Indiana names a "health care representative" in an advance directive. The directive can designate one or more competent adults (or other persons) to make health care decisions or receive health information, and can disqualify named people from serving as representative or proxy. Signing rules: signed by the declarant (or by another adult at their direction) in the presence of two adult witnesses or a notarial officer; remote online notarization and limited telephone or counterpart witnessing are allowed. Re-verified 2026-10-27. Source: IC 16-36-7-28 |
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| Health care directive | Advance directive (can name a health care representative and give treatment instructions): the person signs (or directs another adult to sign in their presence) either in the presence of two adult witnesses, at least one of whom is not the person's spouse or other relative, or before a notary (remote online notarization allowed). Telephone witnessing and counterpart signing are allowed in limited situations. Re-verified 2026-10-27. Source: IC 16-36-7-28 |
| Living will / advance directive | Indiana's current tool is the "advance directive," which can state the person's wishes about providing, continuing, stopping or refusing life-prolonging procedures, palliative and comfort care, as well as specific health care decisions. It must be signed by the declarant (or by another adult at their specific direction and in their presence) either in front of two adult witnesses or before a notarial officer; at least one witness may not be the declarant's spouse or other relative. Indiana's older living will declaration under IC 16-36-4 also required a voluntary, written, signed and dated document signed before two adult witnesses or a notary. Re-verified 2026-10-27. Source: IC 16-36-7-28; IC 16-36-4-8 |
| Official power of attorney forms | For health care, Indiana has no official or mandatory advance directive form; a directive must meet the requirements of the health care advance directives chapter, IC 16-36-7. The Indiana Department of Health's Advance Directives Resource Center links to sample forms. Financial powers of attorney are governed by the Indiana Powers of Attorney Act, IC 30-5. |
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FAQ
How do I make a medical power of attorney in Indiana?
Indiana names a "health care representative" in an advance directive. The directive can designate one or more competent adults (or other persons) to make health care decisions or receive health information, and can disqualify named people from serving as representative or proxy. Signing rules: signed by the declarant (or by another adult at their direction) in the presence of two adult witnesses or a notarial officer; remote online notarization and limited telephone or counterpart witnessing are allowed.
What are the requirements for a health care directive in Indiana?
Advance directive (can name a health care representative and give treatment instructions): the person signs (or directs another adult to sign in their presence) either in the presence of two adult witnesses, at least one of whom is not the person's spouse or other relative, or before a notary (remote online notarization allowed). Telephone witnessing and counterpart signing are allowed in limited situations.
How do I make a living will in Indiana?
Indiana's current tool is the "advance directive," which can state the person's wishes about providing, continuing, stopping or refusing life-prolonging procedures, palliative and comfort care, as well as specific health care decisions. It must be signed by the declarant (or by another adult at their specific direction and in their presence) either in front of two adult witnesses or before a notarial officer; at least one witness may not be the declarant's spouse or other relative. Indiana's older living will declaration under IC 16-36-4 also required a voluntary, written, signed and dated document signed before two adult witnesses or a notary.
Where can I get a power of attorney form in Indiana?
For health care, Indiana has no official or mandatory advance directive form; a directive must meet the requirements of the health care advance directives chapter, IC 16-36-7. The Indiana Department of Health's Advance Directives Resource Center links to sample forms. Financial powers of attorney are governed by the Indiana Powers of Attorney Act, IC 30-5.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.