2019 Indiana Code
Title 16. Health
Article 36. Medical Consent
Chapter 6. Physician Order for Scope of Treatment (Post)
16-36-6-13. Petition for relief; court authority
Sec. 13. (a) A health care provider, a health care facility, or an interested person that believes that following the medical orders set forth in the POST form will result in care or treatment, or the withholding of care or treatment, that:
(1) is inconsistent with the declarant's known preferences; or
(2) in the absence of the declarant's known preferences, is not in the declarant's best interest;
may seek relief under IC 16-36-1-8 by petitioning the probate court in the county where the declarant is located.
(b) If, in a proceeding sought under subsection (a), a probate court determines that following the medical orders in the declarant's POST form will result in care or treatment, or the withholding or withdrawal of care or treatment, that:
(1) is inconsistent with the declarant's known preferences; or
(2) in the absence of the declarant's known preferences, is not in the declarant's best interest;
the probate court may order any of the relief available under IC 16-36-1-8.
As added by P.L.164-2013, SEC.8. Amended by P.L.81-2015, SEC.14.
