How to Complete an Indiana Advance Directive Without a Lawyer

You do not need a lawyer to complete a valid advance directive in Indiana. State law explicitly allows any competent adult to execute their own advance directive, and the Indiana State Department of Health provides the statutory form for free. The challenge is not access to the form — it is knowing Indiana's specific execution rules well enough to avoid the mistakes that make a properly filled-out document legally void. Here's what the process actually involves and where most people go wrong.

What Indiana Law Requires

Under Indiana Code Title 16, Article 36, an advance directive in Indiana can include three components in a single document (consolidated under Senate Enrolled Act 204):

1. Healthcare Representative (HCR) appointment — designates who makes medical decisions if you cannot
2. Living will declaration — specifies your wishes about life-sustaining treatment
3. Healthcare power of attorney — grants broader healthcare decision-making authority

You can complete one, two, or all three sections. Each section has its own requirements for valid execution.

What you need:

• The statutory form (free from any Indiana hospital or the State Department of Health)
• Two eligible witnesses (eligibility depends on which sections you complete — see below)
• Optionally, a notary (not required by statute but recommended for durability)

What you do NOT need:

• An attorney
• A specific form template (any document meeting statutory requirements is valid)
• Filing with any government agency (Indiana does not require registration)

The 5 Steps to a Valid Indiana Advance Directive

Step 1: Get the Form and Decide Which Sections to Complete

Download the Indiana advance directive form from your hospital, the Indiana State Department of Health, or any reputable source. Since SEA 204, most forms consolidate all three sections into one document.

Read through the entire form before filling anything in. The HCR section, living will section, and healthcare POA section each have different implications. Most people complete at least the HCR appointment and living will declaration.

Step 2: Screen Your Witnesses (The Most Common Failure Point)

This is where DIY execution most commonly fails — and where a lawyer's value typically comes from. Indiana applies two different witness standards within the same document:

For the Healthcare Representative section (IC 16-36-1-7):

• Two adult witnesses required
• Cannot be your healthcare provider or provider employee
• Relatively permissive — family members can serve

For the Living Will Declaration section (IC 16-36-4-8):

• Two adult witnesses required
• Cannot be your spouse, parent, child, grandchild, or heir
• Cannot be your named Healthcare Representative
• Cannot be your healthcare provider, provider employee, or anyone financially responsible for your care

The trap: Because both sections share a single witness signature block on most forms, families routinely bring a spouse or adult child to witness the entire document. The HCR section remains valid. The living will section is voidable. You may not discover the problem until a medical crisis.

Safe witnesses for both sections: A friend, neighbor, coworker, or community member who is an adult, not related to you, not your healthcare provider, not named as your HCR, and not your heir.

Step 3: Fill Out the Form

Complete each section you've chosen:

• HCR section: Name your Healthcare Representative and alternate. Include full legal names, addresses, and phone numbers. Your HCR can make any healthcare decision you could make yourself, unless you limit their authority in the document.
• Living will section: Check the boxes that reflect your wishes about artificial nutrition, hydration, ventilation, and other life-sustaining treatments. Be specific — vague instructions create family conflict and physician uncertainty.
• Healthcare POA section: If you want broader authority (including during temporary incapacity, not just terminal conditions), this section extends the HCR's power.

Step 4: Execute the Document

Sign the document in the presence of your two pre-screened witnesses. Both witnesses sign on the same occasion.

Remote option (SEA 204): Indiana now allows execution over live video with a notary or two witnesses. If you use remote execution:

• The video must be live and synchronous (no pre-recorded sessions)
• Paper counterparts from each remote participant must be assembled into a single document within 10 business days
• All witnessing requirements still apply — remote witnesses must meet the same eligibility standards

Optional notarization: Indiana does not require notarization for an advance directive to be valid. However, notarization adds a layer of authentication that can prevent challenges. If you can notarize, do.

Step 5: Distribute Copies

Give copies to:

• Your named Healthcare Representative (and alternate)
• Your primary care physician
• Any specialist physicians who treat you regularly
• Your local hospital (many accept advance directives for their records)
• Close family members who would be involved in medical decisions

Keep the original in a known, accessible location — not a safe deposit box (inaccessible during emergencies).

What Lawyers Actually Do (That You Need to Cover Yourself)

When you hire an elder law attorney for advance directive work, their value is not in the document — it is in the execution guidance and the broader planning context. Here is what they typically cover:

An Indianapolis elder law attorney charges $200–$400 per hour for this work, with comprehensive advance directive and estate planning packages running $1,500 or more. If your situation involves complex estates, Medicaid spend-down strategy, or trusts, an attorney may be worth the investment. For the advance directive itself, the law says you can do it without one.

The Two Things the Free Form Does Not Tell You

POST and DNR Coordination

Your advance directive is a legal document that expresses your wishes. EMTs responding to a 911 call are not required to find it or follow it. A POST (Physician Orders for Scope of Treatment) form is a clinical order signed by your physician — EMTs must follow it immediately. A DNR is a separate order specifically about resuscitation.

If you want your end-of-life wishes followed in an emergency, you need both the advance directive (for planned medical decisions) and a POST form (for emergency response). These documents should say the same thing. Ask your physician about initiating a POST conversation, especially if you have a serious illness or are over 65.

Medicaid Estate Recovery

If you might need Medicaid-funded long-term care in the future, your advance directive planning intersects with Medicaid recovery rules. Indiana is an expanded-estate state — the FSSA can pursue recovery claims against homes transferred via TOD deed, joint accounts, and revocable trusts. The filing window expanded to 9 months effective July 2026.

This does not change how you complete the advance directive, but it affects related decisions (TOD deeds, beneficiary designations) that families often make at the same time. The Indiana Advance Directive & Living Will Kit covers both the directive execution and the Medicaid recovery rules in 7 printable PDFs for .

Who Should Do It Themselves

• Adults with a straightforward family situation who are comfortable reading through the witness rules
• Anyone who already has a relationship with a primary care physician for POST coordination
• People who want to complete their directive quickly without scheduling attorney appointments
• Families where the person completing the directive has full capacity and a clear sense of their wishes

Who Should Consider a Lawyer Instead

• People with complex estates (multiple properties, trusts, business interests)
• Families navigating Medicaid spend-down for a parent entering long-term care
• Situations where capacity is questionable and formal documentation is needed
• Blended families with potential inheritance disputes

Frequently Asked Questions

Do I need to file my advance directive with any Indiana state agency?

No. Indiana does not have a registry or filing requirement for advance directives. The document is effective once properly executed (signed and witnessed). Distribution to your HCR, physicians, and hospital is your responsibility.

Can I change my advance directive after I sign it?

Yes. You can revoke an Indiana advance directive at any time by destroying the document, signing a written revocation, or verbally telling your attending physician you want to revoke it. To modify it, execute a new directive — the most recent valid directive supersedes earlier ones.

What if I make a mistake on the form?

Cross out the error, initial the correction, and have your witnesses initial it as well. If the errors are extensive, start with a fresh form. There is no limit on how many times you can execute a new directive.

Is a notarized advance directive "more valid" than a witnessed one?

No. Both are equally valid under Indiana law. Notarization adds authentication that can prevent challenges to the document's validity, but it is not legally required and does not make the directive more enforceable.

What happens if I don't have an advance directive?

Indiana's statutory hierarchy determines who makes your medical decisions. The default order is: guardian, spouse, adult child (majority of available children if multiple), parent, adult sibling, then a "religious superior" if you are a member of a religious order. If you want someone outside this hierarchy — an unmarried partner, a close friend, a specific child over others — an advance directive is the only way to override the default.

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