Senior Life by: Kurt Bachman

Question:        Is there a new law that requires me to change my current health care representative appointment and living will documents?

Answer:        There is a new law that was enacted in 2021, which became effective July 1, 2021, that allows Indiana residents to combine their medical durable power of attorney, health care representative appointment document, and living will advance directive all into one comprehensive form. However, you are not required to take advantage of this new law if you previously executed otherwise legal and valid documents up to December 31, 2022. Thereafter, all Indiana residents desiring to utilize the medical durable power of attorney, appoint a health care representative, or put in place any kind of living will advance directive, must follow the new law combining these three into one new document. Failure to do so will render such powers, directives, and appointments invalid. Please consult your elder law attorney if you have concerns about the implications of this new law to your current estate plan and/or if you are interested in taking advantage of the new statutes in your future estate planning.