Indiana Living Will Requirements
Based on Indiana Code §16-36-7 (Health Care Advance Directives) and §16-36-4 (Living Wills and Life Prolonging Procedures)
Quick Summary
- Document type: Advance Directive
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Indiana requires 2 witnesses who are present when you sign your advance directive. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the person who signed the declaration on behalf of and at the direction of the declarant
- A witness cannot be a parent, spouse, or child of the declarant
- A witness cannot be entitled to any part of the declarant's estate, whether the declarant dies testate or intestate
- A witness cannot be directly financially responsible for the declarant's medical care
- A witness must be a competent adult at least eighteen (18) years of age
- At least one witness may not be the spouse or other relative of the declarant
- A witness cannot be a health care representative designated in the advance directive
When Your Living Will Takes Effect
Your Indiana living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is a condition caused by injury, disease, or illness from which, to a reasonable degree of medical certainty: (1) there can be no recovery; and (2) death will occur from the terminal condition within a short period of time without the provision of life prolonging procedures.
Persistent Vegetative State
A state of permanent unconsciousness in which the patient has no awareness of self or environment and shows no behavioral response to the environment, as certified by the attending physician.
Irreversible Condition
An incurable injury, disease, or illness from which there can be no recovery and where death will occur within a short time, and where the use of life prolonging procedures would serve only to artificially prolong the dying process.
Important Notes for Indiana
- Indiana's current advance directive law is IC 16-36-7 (Health Care Advance Directives), effective January 1, 2023, replacing the prior framework
- The older living will statute (IC 16-36-4, Living Wills and Life Prolonging Procedures) remains on the books; living wills executed under the old law remain valid
- An advance directive may be signed in the presence of two adult witnesses OR a notarial officer (notarization is an alternative to witnesses)
- Remote online notarization or electronic notarization that complies with IC 33-42-17 satisfies the notarization requirement
- Indiana provides a statutory living will declaration form under IC 16-36-4-10
- The statutory form includes choices regarding artificial nutrition and hydration: the declarant may choose to receive or not receive artificially supplied nutrition and hydration
- A copy of the executed directive must be provided to the first named health care representative and to the individual's health care provider for placement in the electronic medical record
- A declaration may be revoked at any time by the declarant regardless of mental or physical condition
- Indiana also recognizes a separate "Life Prolonging Procedures Will Declaration" (IC 16-36-4-11) for those who want to request all available life-prolonging treatments
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.