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Healthcare Decision-Making
What Happens If You Do Not Have An Advance Directive?
According to Advance Directives: Your Right to Decide by the Indiana State Department of Health:
“If you do not have an advance directive and are unable to choose medical care or treatment, Indiana law decides who can do this for you. Indiana Code § 16-36 allows any member of your immediate family (meaning your spouse, parent, adult child, brother, or sister) or a person appointed by a court to make the choice for you. If you cannot communicate and do not have an advance directive, your physician will try to contact a member of your immediate family. Your health care choices will be made by the family member that your physician is able to contact.“
What happens if you cannot communicate with an EMT, Emergency Room personnel, or a doctor?
Many people make the assumption that a spouse or parent has the clear right to make a decision on your behalf if you are not able to answer a doctor’s request. Unfortunately, that is not the case in Indiana. As referenced above, without proper documentation, the State identifies a class of people, all equal from the State’s perspective, to be involved in decision-making. Lacking a clear decision, a guardianship proceeding may be required.
Contact us today for a consultation or call us at (219) 240-0450.
Indiana Law
In Indiana, the State divides health-related appointments into a Healthcare Power of Attorney and Healthcare Representative. The two positions carry different responsibilities, but, because most people want the same person in both positions (as most people do not know there is a difference or why), most attorneys create a single document appointing a person or series of people as both positions. The person granting authority to another (called the “principal”) – can set some limits. One big concern many people express when setting up their healthcare powers is whether they maintain their own decision-making. The answer is “Yes.” The transfer of health decision-making happens when you are no longer able to communicate with doctors.
Contact us today for a consultation or call us at (219) 240-0450.
Trust your family's future to our Compassionate team of attorneys.
Why Choose Rice & Rice Attorneys
What sets Us Apart-
Focused On Elder Law
At Rice & Rice Attorneys, our primary focus is on caring for your family. Estate Planning, Probate, and Elder Law are all we do, and we offer reasonable rates.
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Faith and Family Oriented
Our firm is based on the principles of our faith and the importance of family.
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50 Years of Experience
Since 1972, Rice & Rice Attorneys have been serving this area and we are deeply rooted in our community.
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Award-Winning Attorneys
Our firm has been awarded the Martindale-Hubbell AV Preeminent Rating, as well as an A+ Rating with the BBB.
Peace of Mind Starts Here
Trust your family's future to our Compassionate team of attorneys. Reach out today for A Free Consultation.