Ind. Code Ann.§ 16-36-1-5 - Persons authorized to consent for incapable parties; minors

In instances where a person incapable of informed consent has not appointed a health care representative or the representative is unavailable, consent can be given by:

• Judicially appointed guardian
• Spouse/parent/adult child/adult sibling, as long as there is no judicially appointed guardian, or the guardian is not available, or existence of guardian is unknown to health care provider
• Individual’s religious superior, as long as there is no judicially appointed guardian, or the guardian is not available, or existence of guardian is unknown to health care provider

With respect to minors, who cannot consent, consent may be given by:

• Judicially appointed guardian
• A parent or individual acting as parent, as long as there is no judicially appointed guardian, or the guardian is not available, or existence of guardian is unknown to health care provider
• An adult sibling of the minor as long as there is no judicially appointed guardian, or the guardian/parent is not available, or existence of guardian/parent is unknown to health care provider

Individuals making health care decisions on behalf of another individual must act in good faith and in the best interests of the individual incapable of consent.