Why you should consider naming a healthcare representative in your POA

Indiana has a number of laws that provide legal authority to folks to make healthcare decisions on behalf of loved ones or friends. The first is a Healthcare Representative under IC-16-36-1. A healthcare representative only comes into play if the patient is unable to make their own decisions. However, a healthcare representative under IC-16-36-1 doesn’t have the legal authority to institute any litigation if the healthcare provider doesn’t comply with the requests.

On the other hand, if a person (attorney-in-fact) is given the ability to make healthcare decisions in a Power of Attorney under IC-30-5-4, the agent under the power of attorney has the legal authority to bring an action against a healthcare provider who doesn’t comply with the healthcare decisions. In essence, the power of attorney has more legal teeth.