Indiana Healthcare Representative Form

What Indiana's Healthcare Representative Actually Is

Under Indiana Code § 16-36-7, a Health Care Advance Directive lets your young adult appoint a Healthcare Representative (HCR) to make medical decisions on their behalf — but only when a physician certifies that the adult lacks decisional capacity. Until that clinical trigger is met, your child makes their own medical decisions. The representative steps in only when they can't.

This distinction matters because families often confuse a healthcare representative with a healthcare power of attorney. Since January 1, 2023, Indiana law draws a hard line between the two.

The 2023 Legal Update You Need to Know

Indiana Code § 30-5-5-16(e) changed the rules: any power of attorney executed after December 31, 2022, that attempts to include healthcare decision-making authority is void. Medical decision-making must go through a separate, standalone Health Care Advance Directive under IC § 16-36-7 — not through a durable financial POA.

If your attorney drafted a combined financial and healthcare POA before 2023, the healthcare provisions still stand. But any new document must separate the two. A financial POA under IC § 30-5 handles money. A Health Care Advance Directive under IC § 16-36-7 handles medical decisions. They are two distinct instruments, and mixing them invalidates the healthcare component.

Where to Get the Official Form

The Indiana Department of Health distributes the official Health Care Advance Directive planning forms for free through its Advance Directives Resource Center. No cost, no account, no paywall. The form covers both the appointment of a Healthcare Representative and the declaration of end-of-life treatment preferences.

You do not need an attorney to complete this form, though families with complex medical situations sometimes find it helpful to have one review the document before execution.

Signing Requirements

The Health Care Advance Directive must be signed by the declarant (your young adult) in the presence of either:

• A notary public, or
• Two disinterested adult witnesses who are neither the appointed healthcare representative nor a relative

Both options produce a legally valid document. The capacity threshold is moderate — the declarant must understand the general nature of appointing someone to make medical decisions for them. This is a lower bar than "sound mind" under the financial POA statute, but higher than the threshold for a Supported Decision-Making agreement.

Once signed, the directive is effective immediately. The representative's authority activates only when a physician certifies that the declarant cannot make their own medical decisions.

How It Differs From Guardianship

A court-appointed guardian with medical authority and a Healthcare Representative serve similar functions — both can consent to treatment, review records, and communicate with providers. The difference is how they get there and what they cost.

For families where the young adult has enough understanding to sign a directive, the Healthcare Representative appointment eliminates the need for medical guardianship entirely. The adult keeps their autonomy on days when they can make their own decisions, and the representative has clear legal authority for the situations when they can't.

When a Healthcare Representative Isn't Enough

If your young adult's cognitive disability is severe enough that they cannot understand the concept of appointing a medical decision-maker, they may not have the capacity to sign a Health Care Advance Directive. In that situation, Indiana's default proxy statute under IC § 16-36-7-42 still allows immediate family members to consent to medical care in emergencies — no court order needed.

For ongoing medical authority beyond the default proxy, families may need to pursue a limited guardianship covering healthcare decisions only, while preserving the adult's rights in other areas.

The Indiana Adult Guardianship & Alternatives Guide covers the full decision framework for healthcare authority — from advance directives and default proxies through limited guardianship — with the exact forms, signing requirements, and statutory citations for each path.

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