Default Health-Care Surrogate Priority in Indiana
At a glance
| When the default route opens | Adult cannot consent; no effective advance directive or designated representative willing, able, and reasonably available (§§ 16-36-1-4, 16-36-7-42(b)). |
|---|---|
| Care or setting covered | Health-care decisions include consent, refusal, withdrawal, life-prolonging procedures, and mental-health treatment unless an advance directive states otherwise; no facility-only limit in the proxy provision (§ 16-36-7-10(1)). |
| Guardian or appointed agent | Available designated representative acts before the default proxy route; a judicial guardian or court-appointed representative leads that route (§ 16-36-7-42(b)–(c)(1)). |
| Family and partner order | Guardian or court appointee; spouse; adult child; parent; adult sibling; grandparent; adult grandchild; nearest other adult relative (§ 16-36-7-42(c)(1)–(8)). |
| Friend or other nonfamily person | After eligible relatives, an adult friend with regular contact and knowledge of activities, health, and beliefs; then religious superior for a member of a religious order (§ 16-36-7-42(c)(9)–(10)). |
| Decision within one class | Same-rank people reasonably try consensus; if they disagree, a majority of available people at that rank controls (§ 16-36-7-42(f)). |
| Who is available and eligible | Prior class must lack someone reasonably available, willing, and competent; provider makes reasonable inquiry including records and effects and attempts high-priority contacts; listed court-order, criminal-charge, and spouse disqualifications apply (§§ 16-36-1-17, 16-36-7-42(c), 16-36-7-43). |
| Decisions limited or excluded | Proxy follows known wishes, with best interests when wishes cannot be reliably found; withholding or withdrawing life-prolonging procedures needs evidence supporting that choice or best interests (§ 16-36-7-42(d)–(e)). |
| No surrogate or disputed authority | With no authorized available person, a provider or interested person may petition probate court for a decision or representative; court may expedite when delay seriously harms health (§ 16-36-1-8). |
Requirements one by one
When the default route opens
Under § 16-36-1-4(a), the attending physician's good-faith opinion about capacity matters for consent. Section 16-36-7-42(b) applies its proxy route when the person cannot consent and lacks an effective directive or the designated representative is unwilling, unable, or not reasonably available.
Care or setting covered
Under § 16-36-7-10, health-care decisions include consent, refusal, and withdrawal, including life-prolonging procedures and mental-health treatment unless the directive says otherwise. The proxy section does not confine the family ladder to a named kind of facility.
Guardian, family, and nonfamily order
Under § 16-36-7-42(c), the order starts with a judicial guardian or court-appointed representative, then spouse, adult child, parent, adult sibling, grandparent, adult grandchild, and nearest other adult relative. An adult friend who kept regular contact and knows the person's activities, health, and religious or moral beliefs comes next. A member of a religious order may be represented by that person's religious superior after those classes.
Decision within one class
Under § 16-36-7-42(f), people at the same priority level make a reasonable effort at consensus. If they disagree, the majority of available people at that level controls. The statute does not give one adult child a veto over the others.
Who is available and eligible
Section 16-36-7-42(c) moves to a lower class when a prior class lacks a reasonably available, willing, competent person. Under § 16-36-1-17, the provider examines records and personal effects and attempts contact with high-priority people. Under § 16-36-7-43, a specifically disqualified person, certain separated or divorcing spouses, a person under a no-contact order, and a person charged with a crime allegedly committed against the patient cannot serve as proxy.
Decisions limited or excluded
Under § 16-36-7-42(d)–(e), the proxy considers the person's expressed or implied intentions. Withholding or withdrawing life-prolonging procedures requires evidence that the person would have chosen it or, where reliable wishes are unavailable, that it serves the person's best interests. That is a special evidentiary condition, not a blanket bar on the decision.
No surrogate or disputed authority
Under § 16-36-1-8, a provider or interested person may ask probate court for a health-care decision or a representative when no authorized person is available, declines, or fails to act in the patient's best interest. The court may adjust notice and hearing if delay would seriously harm health.
What trips people up
The friend route follows relatives and has express contact and knowledge requirements under § 16-36-7-42(c)(9). A majority rule applies only among available people at the same priority level under subsection (f). A guardian's first place in the default list does not require creating a guardianship before another listed class may act.
Common questions
Can one of several adult children decide alone? They should reasonably seek consensus; if they disagree, a majority of available adult children controls under § 16-36-7-42(f).
Can a close friend act? Yes, at the friend rank if the statutory contact and knowledge tests are met and higher classes cannot act (§ 16-36-7-42(c)(9)).
How can a court appoint a decision maker? A provider or interested person may petition probate court under § 16-36-1-8 when its conditions are met.
Statutes and sources
- Ind. Code §§ 16-36-1-4, -8, -17 and 16-36-7-10, -42, -43. Verbatim excerpts, official chapter PDF links, and access dates appear in the source fields above.
Source links
Every statute quoted above, linked, with the date we checked it.
What does Indiana law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Indiana law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace