In Indiana, a living will—also known as a Living Will Declaration—is a legal document that allows individuals to outline their preferences regarding life-prolonging medical treatments should they become terminally ill and unable to communicate their wishes. Here, our Indianapolis estate planning lawyer provides an overview of the key things to know about living wills in Indiana. 

What is a Living Will?

The Legal Information Institute explains that a living will is “a type of advance directive that lists a person’s wishes about medical treatment in the event that the person cannot give informed consent or refusal.” In other words, a living will is a legally binding estate planning document that you can use to clarify specific wishes for your future medical care. 

Under Indiana Code § 16-36-4, this declaration enables a person to specify which treatments they do or do not want, such as mechanical ventilation or artificial nutrition, in end-of-life situations. To be valid, the document must be signed by the declarant in the presence of two adult witnesses who are not related by blood or marriage and are not entitled to any portion of the declarant’s estate.

Why All Adults in Indiana Should Have a Living Will

A living will is a part of a comprehensive estate plan. Indeed, every adult in Indiana can benefit from writing a living will. Here are some of the most common reasons why you should draft a living will: 

  • Keep Control Over Medical Decisions: First and foremost, a living will allows you to specify the types of medical treatments you do or do not want. You get to keep control over your medical care even in situations when you cannot express your wishes directly. 
  • Remove the Emotional Burden on Family and Loved Ones: By clearly stating your medical preferences in a legally binding manner, you will relieve family members from the stress of making difficult decisions during a sensitive and emotionally charged time.
  • Reduce the Risk of Disputes Amongst Your Family: Without a properly drafted living will, family members may have conflicting opinions about your medical treatment. Unfortunately, this can lead to serious disputes that damage relationships. to disputes. 
  • Avoid Unnecessary Medical Expenses: Specifying your treatment preferences can prevent the administration of unwanted, costly medical interventions that may not improve your quality of life and may not even be something you want to receive at all.

Common Provisions in a Living Will

What actually goes into a living will? The answer depends on a number of different factors, including your specific wishes regarding future health care. Here are some of the most common provisions for living wills in Indiana: 

  • Explain Preferences Regarding Life-Prolonging Treatment: Often, a living will includes a section that addresses whether you want doctors to use life-prolonging measures—like ventilators, feeding tubes, or dialysis—when you are in a terminal condition and unable to communicate. You can accept or decline specific treatments. 
  • Do Not Resuscitate (DNR) Directives: Although typically a separate form, some living wills include language indicating your desire not to be resuscitated if your heart stops or you stop breathing. It is a provision that you may want to include as part of your living will. 
  • Provide Guidance for Pain Management and Comfort Care: Next, a living will often states whether you wish to receive medication or treatments to relieve pain and suffering, even if those treatments might potentially come with a risk of shortening your life. 
  • Determine Your Wishes Related to Organ and Tissue Donation: Finally, you can use your living will to express whether you want to donate your organs or tissues after death. The provision can guide your family and medical providers in honoring your preferences.

A key point to remember is that a living will can and should be customized to meet your specific needs. An Indianapolis estate planning lawyer can help you draft a personalized living will. 

You Can Also Benefit From Setting Up a Health Care Power of Attorney 

Although a living will is an important part of an estate plan in Indiana, it is not by itself sufficient for health care planning. The simple reality is that it is not possible to anticipate all of the future health-related needs that may need to be navigated. For that reason, it is also highly recommended that you put a health care power of attorney (POA)—or, as it is sometimes referred to, a health care proxy or a health care representative—in place. 

A health care POA is an estate planning document that allows you to name a trusted person to make medical decisions on your behalf if you become incapacitated. While a living will outlines your preferences regarding certain common end-of-life issues,  it cannot account for every possible medical scenario. For that reason, a health care power of attorney is a must. He or she can fill that gap by giving someone the legal authority to interpret your wishes and act in your best interest in situations not covered by your living will.

Note: The person with your healthcare power of attorney (POA) cannot override your living will in Indiana. If you write a valid living will, it is enforceable. 

How Our Indiana Estate Planning Lawyers Can Help You Make Informed Decisions for Health

Estate planning is about much more than determining how your property and assets will be divided. You need to develop a plan to make informed decisions for your future healthcare needs, and that includes putting the right documentation in place so that you can control important healthcare decisions even in the event of incapacity. At White & Jocham, we can help you craft a living will that is best suited for your needs. Our firm provides comprehensive estate planning services in Indiana. Your initial consultation with our living will attorney is confidential and without obligation. 

Contact Our Indianapolis Living Will Planning Attorney Today

At White & Jocham, our Indiana estate planning lawyer has the knowledge, skills, and legal experience that you can rely on. If you have any questions or concerns about living wills and making informed health decisions more broadly, we are here to help. Contact us today for a confidential consultation. Our firm provides estate planning services in Indianapolis, Greenfield, and throughout the surrounding region in Indiana.