Durable Power of Attorney for Health Care - Indiana 2025

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A general power of attorney gives someone wide legal authority. However, it ends if the person giving it becomes unable to make decisions. In contrast, a durable power of attorney stays in effect even if the person loses mental capacity. Both types are important for different situations.
A type of advance directive that gives a person (called a proxy) the authority to make medical decisions for another person if that person is not able to make their own decisions.
A power of attorney (POA) authorizes someone else to handle certain matters, such as finances or health care, on your behalf. If a power of attorney is durable, it remains in effect if you become incapacitated for any reason, including illness and accidents.
Please note that Indiana law has very specific requirements for a Power of Attorney to be valid. The members signature must be witnessed and attested to by a Notary Public. The Notary Public must also sign the document along with their printed name and the notarial seal.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
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A health care power of attorney only allows your agent to make medical decisions on your behalf, while a durable power of attorney grants your agent broader powers in financial and personal matters.
Key Takeaways. A health care proxy appoints someone to make health care decisions on your behalf if you are unable to do so. A power of attorney appoints someone to handle your financial matters and make decisions on your behalf if you are unable to do so.

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