Declaración de procedimientos para prolongar la vida: formulario legal
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE INDIANA CODE
LIVING WILL DECLARATION
and
LIFE PROLONGING PROCEDURES DECLARATION
(§§ 16-36-4-1 through 16-36-4-21)
A "life prolonging procedure" is any medical procedure,
treatment, or intervention that does the following:
Uses mechanical or other artificial means to sustain, restore, or supplant
a vital function.
Serves to prolong the dying process.
"Life prolonging procedure" does not include the performance or provision
of any medical procedure or medication necessary to provide comfort care
or to alleviate pain.
A "life prolonging procedures will declarant" means a person who
has executed a life prolonging procedures will declaration under
§16-36-4-11.
A "living will declarant" is a person who has executed a living
will declaration under §16-36-4-10.
A "qualified patient" is a patient who has been certified as a qualified
patient under §16-36-4-13.
A "terminal condition" is a condition caused by injury, disease,
or illness from which, to a reasonable degree of medical certainty there
can be no recovery and death will occur from the terminal condition within
a short period of time without the provision of life prolonging procedures.
A person who is of sound mind and is at least eighteen years of
age may execute a life prolonging procedures will declaration under §16-36-4-11
or a living will declaration under §16-36-4-10.
A life prolonging procedures will declaration under or a living
will declaration must meet the following conditions:
Be voluntary.
Be in writing.
Be signed by the person making the declaration or by another person
in the declarant's presence and at the declarant's express direction.
Be dated.
Be signed in the presence of at least two competent witnesses who are
at least eighteen years of age.
A witness to a living will declaration cannot:
Be the person who signed the declaration on behalf of and at the direction
of the declarant.
Be a parent, spouse, or child of the declarant.
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 invalid.
Be directly financially responsible for the declarant's medical care.
The living will declaration of a person diagnosed as pregnant has no
effect during the person's pregnancy.
A declaration must be substantially in the form set forth in either
§16-36-4-11 or §16-36-4-10. The invalidity of any additional,
specific directions does not affect the validity of the declaration.
A living will declaration or a life prolonging procedures will declaration
may be revoked at any time by the declarant by any of the following:
A signed, dated writing.
Physical cancellation or destruction of the declaration by the declarant
or another in the declarant's presence and at the declarant's direction.
An oral expression of intent to revoke.
A revocation is effective when communicated to the attending physician.
If the qualified patient who executed a living will declaration
is incompetent at the time of the decision to withhold or withdraw life
prolonging procedures, a properly executed living will declaration
is presumed to be valid.
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