Updated August 3, 2026. Quick answer: Indiana calls this instrument living will declaration, life-prolonging procedures declaration, health care representative appointment. To execute it you need 2 witnesses — and the state requires Witnesses only — no notary path stated. Getting that conjunction wrong is the most common way a directive fails when it is needed.
Source note. The statute text below comes from a codified reproduction of the state code rather than the state’s own site, because the official host could not be reached. The section number and wording are the state’s; confirm against your state’s own publication before executing.
The execution box
| What the state calls it | living will declaration, life-prolonging procedures declaration, health care representative appointment |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | Witnesses only — no notary path stated |
| Who may NOT witness | A witness may not be a parent, spouse, or child of the declarant, may not be entitled to any part of the declarant’s estate, and may not be directly financially responsible for the declarant’s medical care. Witnesses must be competent and at least eighteen years of age. |
| If you are in a care facility | No special rule found in the text we read |
| Authority | Ind. Code § 16-36-4-10 |
What the statute says
I am not a parent, spouse, or child of the declarant. I am not entitled to any part of the declarant’s estate or directly financially responsible for the declarant’s medical care.
— Ind. Code § 16-36-4-10
The form
The statute refers to a form, but we could not retrieve an official copy to link. Ask your state health department or check the statute itself — many states publish one free. We are not linking a commercial seller in its place.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
Sourced via a third-party source mirror; official iga.in.gov code browser was not fetched due to time constraints. The statute contains the actual statutory declaration form (with witness attestation lines), which is why statutory_form_exists is true, but no official .gov copy was located, so form_url is left null.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.