Living Will and Advance Health-Care Instruction Requirements in Indiana

At a glance

Indiana keeps a modern broad advance-directive chapter alongside its older, narrower living-will chapter. The choice matters. Chapter 7 supports specific health-care decisions and preferences in a flexible electronic or paper directive. Chapter 4 supplies a terminal-condition living-will form but says that form is presumptive evidence given great weight, not a command forcing a physician to withdraw treatment.

Requirements one by one

The modern and traditional forms have different content rules

A chapter 7 advance directive under § 16-36-7-2 may state specific health-care decisions and preferences about life-prolonging procedures, palliative care, comfort care, and other health care. It need not use an official form. A valid directive is a written declaration, but "written" includes a retrievable electronic record and "sign" includes a valid electronic signature under § 16-36-7-22.

The traditional chapter 4 living will must be substantially in the statutory form. It is voluntary, written, signed personally or at the adult's express direction, and dated.

Both routes offer witnesses or a notary, with different witness bars

Under chapter 7, the adult signs before two adult witnesses or a notarial officer. At least one witness cannot be the adult's spouse or another relative. If another adult signs at the declarant's direction, that signer cannot also witness, notarize, or serve as the health care representative. The chapter supports electronic and remote audiovisual execution and, for qualifying witness interactions, real-time telephone execution.

The chapter 4 living will also uses two competent adult witnesses or a notary. A witness cannot be the directed signer, the declarant's parent, spouse, or child, anyone entitled to inherit, or anyone directly financially responsible for the declarant's medical care.

The modern directive is immediate unless it says otherwise

A chapter 7 directive is effective when properly executed unless it uses § 16-36-7-29 to delay an instruction to a stated date or defined event, including future incapacity. The competent adult's current decision always controls. When capacity is questioned, the treating physician evaluates it and records a finding of incapacity.

The traditional living will uses a narrower terminal-condition gateway. The attending physician certifies in writing that the injury, disease, or illness is incurable, death will occur within a short time, and life-prolonging procedures would only artificially prolong dying.

The traditional form separates comfort and artificial nutrition

The chapter 4 form in § 16-36-4-10 directs withholding or withdrawal of life-prolonging procedures while preserving procedures and medication needed for comfort or pain relief. It separately lets the adult choose to receive artificial nutrition and hydration, refuse it when futile or excessively burdensome, or leave the decision to an authorized decision-maker.

Indiana also publishes a separate life-prolonging-procedures declaration for a person who affirmatively requests treatment, nutrition, hydration, medication, comfort care, and other measures to extend life.

Pregnancy suspends the traditional living will

Section 16-36-4-8(d) says the living-will declaration of a person diagnosed as pregnant by the attending physician has no effect during the pregnancy. It gives no gestational-age, viability, live-birth, or prognosis exception.

That sentence is written for a chapter 4 living-will declaration. Chapter 7 contains no matching statement that every broader specific health-care decision or preference is suspended during pregnancy.

Revocation depends on which document was used

For a chapter 7 directive, the adult may sign another compliant directive, sign a compliant revocation document, or orally state a present intent to revoke in a health care provider's direct physical presence. Until a representative or provider has actual knowledge, reliance may continue. A provider who learns of a change or termination notes it in the medical record.

The chapter 4 living will may be revoked by signed dated writing, physical cancellation or destruction by the declarant or at the declarant's direction, or an oral expression of intent. That revocation becomes effective when communicated to the attending physician. Indiana establishes no state advance-directive registry in either chapter.

A traditional living will carries weight but does not compel withdrawal

Section 16-36-4-8 expressly says the traditional living will does not require a physician to use, withhold, or withdraw life-prolonging procedures. It is presumptive evidence and must be given great weight when the patient is mentally incompetent.

A refusing attending physician generally transfers the qualified patient to a physician who will honor the declaration. If reasonable investigation finds no willing physician, the attending physician may refuse to withhold or withdraw the procedures.

Under § 16-36-7-28(j), a writing signed while the adult resides or is physically located outside Indiana is valid if the adult was not incapacitated and the writing followed Indiana law or the law of the residence or signing place.

What trips people up

• Calling every Indiana instruction a traditional living will. The modern chapter 7 directive and chapter 4 statutory form have different execution, trigger, pregnancy, revocation, and legal-effect rules.
• Treating the living will as a medical order. Chapter 4 calls it evidence given great weight and expressly says it does not require withdrawal.
• Applying the pregnancy sentence too broadly. Its text suspends the chapter 4 living-will declaration, not every instruction that chapter 7 can contain.
• Using the wrong witness exclusions. Chapter 7 needs one nonrelative witness; chapter 4 disqualifies every witness in the listed categories.

Common questions

Must an Indiana directive appoint a representative?

No. Section 16-36-7-28 independently permits specific health-care decisions and treatment preferences.

May I sign electronically or by video?

The chapter 7 route permits electronic records and signatures, remote audiovisual witnessing, and compliant remote notarization. The traditional chapter 4 form does not state that same electronic architecture.

Does a living will force the physician to withdraw treatment?

No. Section 16-36-4-8 says it is presumptive evidence given great weight, but does not require a physician to use, withhold, or withdraw life-prolonging procedures.

Statutes and sources

• Ind. Code ch. 16-36-7 — modern advance-directive content, electronic and remote execution, optional triggers, revocation, record filing, reliance, and out-of-state signing. Official 2026 chapter (accessed 2026-07-30).
• Ind. Code §§ 16-36-4-5 and -8 to -10 — terminal condition, traditional form, execution, pregnancy, treatment choices, and evidentiary effect. Official 2026 chapter (accessed 2026-07-30).
• Ind. Code §§ 16-36-4-12 to -13 — traditional revocation, qualification, refusal, and transfer. Official 2026 chapter (accessed 2026-07-30).