Legal Question in Wills and Trusts in Indiana

Living will how secure are they?

If a person has a Living Will but does not have a Health Care Rep. or guardian, and becomes unable to make choices about the course of treatment... in IN if a family member request that they want a Full Code... does the living will protect the patient and health care workers for honoring the Living will or do the health care facility or staff honor the families request.

thanks.... I am a little confused on this... please help


Asked on 6/07/02, 3:26 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Living will how secure are they?

If a Living Will has been provided to the doctor and/or hospital, it should be honored regardless that someone else requests a different procedure to be used. The problem is that there is no automatic enforcement provision in the statute. Any dispute between the health care provider and the "relatives" must be decided by petition to the local probate court.

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Answered on 6/11/02, 5:07 pm


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