Health Care Providers
Indiana Advance Directive
An advance directive is a legal document that can be completed by all adults at any age or stage of health that clearly communicates a patient’s preferences for treatment and allows the patient to appoint a healthcare representative to speak or consent to life-prolonging or palliative care procedures. The advance directive can now be signed both on paper and electronically by patients and their witnesses. As of July 1, 2021, Indiana will no longer mandate the use of an official form for an advance directive.
Indiana POST
The Indiana POST Program, or Indiana’s version of the National POLST, is an advance care planning tool that helps ensure treatment preferences are honored. It is designed for patients with advanced chronic or terminal illness or frailties. Preferences for life sustaining treatments including resuscitation, medical interventions (e.g., comfort care, hospitalization, intubation, mechanical ventilation), antibiotics, and artificial nutrition are documented as medical orders on the POST form. It must be reviewed and signed by a physician, advance practice nurse, or physician assistant to be activated and can be modified by the patient at any time. This form transfers throughout the health care system and the orders are valid in all settings.
Documents & Resources
This guidance book provides information to health care providers about how to use the Indiana POST program.
An October 2013 video of lecture about the Indiana POST Program featuring Susan Hickman, PhD.
As of July 1, 2021, the Indiana Out-of-Hospital DNR Order form can be signed by a physician, advanced practice registered nurse, or physician assistant.
Decision tree to help determine if a patient is appropriate for the Indiana POST form and who is legally authorized to sign it.
This cover sheet is designed to accompany the POST form and provides introductory information for patients and families.
A checklist outlining the steps required to revoke the Indiana POST.
Indiana Department of Homeland Security POST Information
The Indiana Department of Homeland Security maintains a educational website containing information about the Indiana POST Program for emergency medical responders.
An educational packet for EMS developed by the Indiana Fire Chiefs Association EMS Section and the Indiana Patient Preferences Coalition with the approval of the Indiana Department of Homeland Security.
For more information, you can visit the National POLST Website, the NHPCO or Prepare for Your Care.
Frequently Asked Questions
Click on the questions below to find answers to our Frequently Asked Questions.
NEW! What is an advance directive?
An advance directive is a legal medical document stating one’s treatment preferences for life-prolonging or palliative care procedures and designating a healthcare representative (HCR) to make medical decisions on your behalf if you are unable. For more information about Advance Directives, go to the “Patients and Families” tab.
NEW! Following SEA 204, what are the updates to the AD process?
- Indiana will no longer require the use of an official AD form but will provide a list of sample AD templates approved for use in Indiana
- It will update the signing requirements for an AD.
- Consolidates the roles and “standards of conduct” of the healthcare representative and power of attorney.
For more information, view a summary of the new policy here.
NEW! What is the difference between an advance directive and the Indiana POST form?
An advance directive (AD) is a legal document that adults fill out to communicate their medical decision and treatment preferences, values, and designate a healthcare representative or surrogate decision maker.
The Indiana POST is a medical order for anyone regardless of age who has chronic or serious illness that conveys specific medical treatments and is filled out by the healthcare provider rather than the individual and can be used by emergency responders. However, it does not include the use of a surrogate healthcare representative.
For more information about the differences between an Advance Directive and POST, watch this video from National POLST website.
NEW! Who should have an advance directive?
Regardless of age or health status, it is preferred that everyone file an advance directive, or at least start that conversation with their family members and/or healthcare providers.
What is the POST form?
Who should have a POST form?
Is a POST form required for all patients?
Which form should the patient complete? The POST form? The Living Will? The Health Care Power of Attorney form?
The Indiana Power of Attorney form contains the legal paperwork to appoint an attorney in fact for health care. This individual is given legal authority to make decisions for the patient when he/she has lost decision-making capacity. All patients are strongly encouraged to complete a power of attorney for health care form. More information about this form can be found at IC 30-5-4 and IC 30-5-5-16 and 17. Anyone can have a Living Will or a Power of Attorney, regardless of health status.
The Indiana POST form is recommended for patients who are seriously ill and whose death within a year would not be a surprise to the patient’s treating practitioner. Because the POST form is a medical order, of the three forms, the POST form is the one that is most likely to ensure that the patient receives the treatment that he or she wants. For patients with advanced chronic progressive illness, advanced frailty, or terminal conditions, it would be entirely appropriate for the patient to complete all three forms: a living will, power of attorney for health care, and a POST form. The completion of these forms maximizes the possibility that the patient will have his or her end-of-life treatment preferences known and respected. In addition to completing the forms, the patient needs to be sure to discuss his/her preferences for end-of-life treatment with the person that he or she designated as his/her legally authorized representative.
Does the patient need a DNR order if he/she has a POST form?
Does a treating practitioner need to sign the POST form?
What if the treating practitioner does not want to sign a POST form but the patient or incapacitated patient’s legal agent wants one?
Can a social worker, nurse or other health care professional prepare the POST form?
Should the POST form be completed or voided without a conversation with the patient or his/her representative?
When does the POST form have to be reviewed?
What if a patient or legally authorized representative changes his/her mind about the preferences documented on the POST form?
Can the legally authorized representative change the POST form?
Should the POST form be used to guide daily care decisions?
Are health care providers required to comply with the orders on the POST form?
- a) believes the POST form was not validly executed under Indiana law;
- b) believes in good faith that the POST form has been revoked by the patient or their legally authorized representative;
- c) believes in good faith that the patient or their legally authorized representative has made a request for alternative treatment;
- d) believes it would be medically inappropriate to provide the intervention on the patient’s POST form; or
- e) has religious or moral beliefs that conflict with the POST form orders. If the health care provider is unable to implement or carry out the orders because of their own personal religious or moral beliefs, they are required to coordinate the transfer of care for the patient to another health care provider who is able to carry out the orders. If this is not possible, further direction is provided in the Indiana POST Act regarding the appropriate next steps.
The Indiana POST Act provides legal protection for health care providers who comply with the orders on POST forms. In the law, health care providers are not subject to civil or criminal liability for good faith compliance with or reliance upon POST forms.
Where should the original POST form be kept?
What about Persons with Significant Physical and/ or Developmental Disabilities?
When should a POST form be considered for Persons with Significant Physical and/ or Developmental Disabilities?
- The person has a disease process (not just a stable disability) that is terminal
- The person is experiencing a significant decline in health (such as frequent aspiration pneumonias)
- The person is in a palliative care or hospice program
- The person’s level of functioning has become severely impaired as a result of a deteriorating health condition when intervention will not significantly impact the process of decline