The Importance of Including Advance Directives in Your Indiana Estate Plan

Creating an estate plan is often associated with distributing assets after death, but a comprehensive plan should also address important decisions during your lifetime. In Indiana, advance directives serve a vital role by allowing you to express your medical preferences and assign decision-making authority should you become incapacitated. These documents ensure that your voice is heard even when you cannot speak for yourself. In fact, advance directives are not just helpful but are essential to protecting your health, easing family burdens, and preventing legal complications. With that in mind, the Indianapolis attorneys at Frank & Kraft explain the importance of including advance directives in your Indiana estate plan.

What Are Advance Directives?

Advance directives are legal instructions that outline your healthcare preferences and designate a person to act on your behalf if you are unable to make or communicate decisions. They allow you to maintain some control over medical treatment in the event of serious illness, accident, or incapacity. While these documents vary slightly from state to state, Indiana recognizes several types of advance directives, including:

• Living Will Declaration: This document allows you to state your preferences regarding life-sustaining procedures in situations involving terminal illness or permanent unconsciousness. You can choose to accept or decline specific treatments, such as mechanical ventilation or artificial nutrition and hydration.
• Durable Power of Attorney for Health Care: Also known as a Healthcare Representative Appointment in Indiana, this directive lets you name a trusted person to make healthcare decisions for you if you are unable to do so. Your appointed representative will be responsible for working with doctors, reviewing treatment options, and making choices based on your expressed preferences.
• Out-of-Hospital Do Not Resuscitate (DNR) Order: This form instructs emergency medical personnel not to perform cardiopulmonary resuscitation (CPR) if your heart stops or you stop breathing. Indiana law allows you to complete a DNR order with the assistance and signature of a licensed physician.
• POST (Physician Orders for Scope of Treatment): Similar to a DNR, this document is used for patients with serious illnesses. It goes further by outlining detailed medical instructions for emergency treatment, hospitalization, and life-prolonging interventions.

Legal Requirements in Indiana

Indiana requires that certain advance directives be signed in the presence of witnesses or a notary public. For example, a Living Will or Power of Attorney for Health Care must be witnessed by two adults who are not your healthcare provider, not related to you by blood or marriage, and not entitled to any part of your estate. Compliance with these rules is critical to ensure your documents are legally enforceable.

Why Advance Directives Matter in Your Estate Plan

Advance directives are a key part of a comprehensive and effective estate plan, serving multiple purposes that extend far beyond traditional asset distribution, including:

• Clarity During Medical Emergencies: When you are unable to communicate, your advance directives provide clear guidance to healthcare providers and family members. Without this documentation, loved ones may be forced to make difficult decisions based on assumptions rather than your actual wishes. Even if your preferences have been discussed informally, those conversations may not be remembered clearly in moments of crisis.
• Preventing Family Conflict: Medical situations can lead to intense emotions and disagreement among family members. One person may believe you would want aggressive treatment, while another may argue the opposite. Having your wishes recorded in legal form can prevent unnecessary disputes, emotional strain, and even legal challenges among those closest to you.
• Avoiding Court-Appointed Guardianship: In the absence of valid advance directives, a court may need to appoint a guardian to make decisions on your behalf. This process can be lengthy, expensive, and emotionally taxing for your loved ones. Worse still, the court may choose someone you would not have selected. By naming a healthcare representative yourself, you retain control over who speaks for you.
• Peace of Mind for You and Your Family: Knowing that your medical choices are documented and a trusted person is legally authorized to make decisions can offer significant relief. It lifts a tremendous burden from family members and provides comfort in knowing that your values will guide your care.

Can We Help You with Advance Directives in Your Indiana Estate Plan?

For more information, please join us for an upcoming FREE seminar. If you need assistance incorporating advance directives into your Indiana estate plan, contact an experienced Indianapolis estate planning attorney at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

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