A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Indiana, a living will is recognized under the Indiana Code (IC 16-36-4), which allows individuals to create an Advance Directive for Health Care. This document enables a person to outline their preferences for medical treatment in the event that they are no longer able to communicate their wishes due to a terminal condition or permanent unconsciousness. The living will can include instructions on whether to administer, withhold, or withdraw life-sustaining treatments. Additionally, Indiana residents can appoint a health care representative to make decisions on their behalf if they are unable to do so. Indiana also recognizes Do Not Resuscitate (DNR) orders, which are separate from living wills and must comply with specific state requirements as outlined in IC 16-36-5. It is important for individuals to ensure that their living wills and other advance directives comply with Indiana law to be legally effective.