A Helpful Guide to Living Wills in Indiana
Thinking about a living will may feel uncomfortable, but it’s one of the most important estate planning decisions you can make. At CCHA Law, our estate planning attorneys help individuals and families throughout Indiana take control of their medical and end-of-life decisions through clear, legally sound documents like living wills.
What Is a Living Will?
A living will (also known as an advance directive in Indiana) is a legal document that outlines your wishes regarding medical treatments if you are unable to communicate those decisions yourself.
A living will takes effect if you are diagnosed with a terminal condition, or are in a persistent vegetative state, or in an irreversible coma and you can no longer express your preferences for life-sustaining care.
By having a living will in place, you relieve your loved ones of the emotional burden of making agonizing decisions about life support, and you ensure that your wishes are respected.
What Does a Living Will Cover?
A living will in Indiana allows you to state your preferences about:
Life-prolonging medical treatments
Surgery
Blood transfusions
Cardiopulmonary resuscitation (CPR)
Dialysis
Use of a ventilator or respirator
Administration of medications
Diagnostic tests
Artificial nutrition and hydration
Whether you wish to receive intravenous (IV) fluids or feeding tubes if you can’t eat or drink on your own
Palliative (comfort) care
- Measures to reduce pain or suffering when you choose to forgo life-prolonging interventions
Legal Requirements for a Living Will in Indiana
Specific requirements must be met to create a valid living will in Indiana:
The document must be in writing and signed by you (or by someone else at your direction if you are unable to sign).
You must sign your living will in the presence of two adult witnesses.
- Those witnesses must be:
At least 18 years old
Not your spouse, parent, or child
Not someone entitled to any portion of your estate
Not financially responsible for your medical care
Not the person signing on your behalf if you are unable to sign
An important thing to note is that a living will is separate from a health care power of attorney, which designates someone to make medical decisions on your behalf. Many people choose to have both as part of their estate plan.
Why Should You Have a Living Will in Indiana?
We encourage clients to have a living will because there are several benefits. The person with a living will has the benefit of controlling their own healthcare decisions, even when they are unable to communicate while family members aren’t left to guess about their wishes during an emotional time. The third party who benefits from a living will are medical providers who have clear instructions on how to proceed.
A living will works in conjunction with your healthcare power of attorney, financial power of attorney, will, and trusts to create a comprehensive estate plan.
How to Create a Living Will in Indiana
Our Estate Planning Group makes it easy to create a living will as part of a comprehensive estate plan. Our attorneys are here to help and will:
Help you understand your options for medical care
Draft a living will that reflects your personal wishes
Ensure the document meets all Indiana legal requirements
- Assist with related documents, like a health care power of attorney
Work with an Experienced Estate Planning Attorney
Reach out to get started with your living will and estate planning needs in Indiana. We have seven convenient locations across Indiana: Fishers, Fort Wayne, Crown Point, Noblesville, Tipton, Westfield, and Zionsville. Let us help you build a comprehensive plan that includes wills, trusts, powers of attorney, and other essential tools to secure your legacy.
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