MDwise Medicare
Advance Directive

Advance Directive For Members

Make Your Wishes Known: Advance Directives

MDwise supports your right to file an Advance Directive according to Indiana law. This document is a written statement of your wishes for medical care. It explains, in advance, what treatments you want or don’t want if you have a serious medical condition that prevents you from telling your provider how you want to be treated. It also allows you to appoint another person as your healthcare representative to consult with your providers and have access to your medical records. Your health care representative also may make medical decisions on your behalf to carry out your wishes if you become incapacitated. Our plan cannot refuse care or otherwise discriminate against a member based on their decision to have or not have an Advance Directive.

Beginning January 1, 2023, the State of Indiana no longer required the use of specific legal forms to create an Advance Directive. A written document (paper or electronic) that appoints a healthcare representative and includes your directions on health care decisions, including decisions on life-prolonging procedures or palliative care, post-death planning, mental health treatment, is generally sufficient if it is signed in the presence or two witnesses or a notary. You can get more details regarding the current Indiana requirements for a valid Advance Directive at the links listed below.

If before January 1, 2023, you already had signed a healthcare power of attorney, appointment of healthcare representative and a living will, those documents are still effective as an Advance Directive under the new Indiana law. 

Please keep in mind that the person you appoint as your healthcare representative carries out your wishes and makes decisions for you when you cannot. It is important to choose a person who you know and trust to be your representative. Make sure you talk with the person to let them know what you want.

You should also talk to your family and primary care physician about your choices. File a copy of your Advance Directive with your other important papers. Give a copy to the person you designate as your healthcare representative. Ask to have a copy placed in your medical record.

Where to get more Information and find example forms for an Advance Directive under Indiana law:

Indiana Department of Health: The Indiana Department of Health’s website includes an Advance Directives Resource Center with information on Indiana law for Advance Directives and links to third- party websites (including the Indiana Patient Preferences Coalition noted below) containing example forms of Advance Directives:

Indiana Patient Preferences Coalition: A link to this website is also available on IDOH’s Advance Directive Resource Center website. It includes FAQS and other information on Advance Directives under Indiana law, as well as sample forms:

For complaints about how your provider follows your wishes, contact:

Indiana Professional Licensing Agency (PLA)
Indiana Government Center South, Room W072
402 West Washington Street
Indianapolis, IN 46204

The PLA’s website portal for filing a complaint:

For complaints about how your health plan follows your wishes, contact:

Indiana Department of Insurance
Attn: Consumer Services Division
311 W. Washington Street, Suite 300
Indianapolis, IN 46204-2787

The IDOI’s online portal for filing a complaint: