Effective July 1, 2021, Senate Enrolled Act No. 204 is making some notable changes to Indiana’s estate planning law. The new law provides for more flexibility and gives clients more options when making estate planning decisions.
Under the new law, all previously executed living wills and health care representative appointments are still valid. If, however, you would like to learn more or update your existing plan based on the new law, please contact the attorneys at Bunger & Robertson.
The act creates changes to the execution requirements of wills and related estate planning documents, providing more options for remote signings via audiovisual telecommunication.
The act will also provide for the creation of a Health Care Advance Directive document. The Health Care Advance Directive, among other things, eliminates the need for a separate living will document and healthcare representative appointment, as those can now be incorporated into the advance directive. The Health Care Advance Directive will allow clients to do the following:
State specific health care decisions, such as specific medications you may or may not wish to receive.
State preferences or desires for life prolonging procedures, pain-relief, comfort care, or assistance with daily activities. For example, you could now explain in the Health Care Advance Directive that you would not like to receive artificial hydration, but you would like to have ice cubes brushed on your lips to lessen the symptoms of dehydration such as dry mouth.
Specifically disqualify someone from serving as a health care representative.
Previously, clients were limited in the scope of written direction they could provide regarding end-of-life care. Now, detailed instructions may be given in the form of the Health Care Advance Directive. Please contact us if you are interested in learning more.