Indiana Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Indiana who cannot decide: an agent, a guardian, or Indiana's default surrogate order. Runs in your browser; nothing is stored.

Indiana law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Indiana

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Indiana's default surrogate order

  1. Court-appointed guardian of the person, or a representative appointed by the probate court
  2. Spouse (Not if legally separated or a dissolution, separation or annulment petition is pending)
  3. An adult child
  4. A parent
  5. An adult sibling
  6. A grandparent
  7. An adult grandchild
  8. The nearest other adult relative by degree of kinship
  9. An adult friend who kept regular contact and knows the patient's activities, health and beliefs
  10. Religious superior (If the patient is a member of a religious order)
What it covers
Listed persons may consent to health care for an adult who is incapable of consenting and has no available health care representative.
If more than one person is in the same group
People at the same level try for consensus; if they disagree, a majority of those available at that level controls.
Who decides the person cannot decide
The attending physician's good-faith opinion that the person is incapable of deciding, or a probate court order.
Limits
  • Cannot consent: a legally separated or divorcing spouse, a person under a protective or no-contact order, or a person facing a pending criminal charge where the patient is the alleged victim.
  • The person consenting must act in good faith and in the patient's best interest.

Source: IC 16-36-1-5 · Checked October 26, 2026

Narrower laws in this state

  • IC 16-36-7-42: A parallel ten-rank proxy list (same order) for a declarant with no advance directive in effect or whose representative is unavailable. A proxy decision to withhold or withdraw life-prolonging procedures must be supported by evidence of what the declarant would have chosen, or best interests.

Next steps

Who decides in Indiana without a power of attorney?

Indiana's default surrogate law (IC 16-36-1-5) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (not if legally separated or a dissolution, separation or annulment petition is pending).

Indiana's default surrogate law in full

Indiana's default surrogate order

  1. Court-appointed guardian of the person, or a representative appointed by the probate court
  2. Spouse (Not if legally separated or a dissolution, separation or annulment petition is pending)
  3. An adult child
  4. A parent
  5. An adult sibling
  6. A grandparent
  7. An adult grandchild
  8. The nearest other adult relative by degree of kinship
  9. An adult friend who kept regular contact and knows the patient's activities, health and beliefs
  10. Religious superior (If the patient is a member of a religious order)
What it covers
Listed persons may consent to health care for an adult who is incapable of consenting and has no available health care representative.
If more than one person is in the same group
People at the same level try for consensus; if they disagree, a majority of those available at that level controls.
Who decides the person cannot decide
The attending physician's good-faith opinion that the person is incapable of deciding, or a probate court order.
Limits
  • Cannot consent: a legally separated or divorcing spouse, a person under a protective or no-contact order, or a person facing a pending criminal charge where the patient is the alleged victim.
  • The person consenting must act in good faith and in the patient's best interest.

Source: IC 16-36-1-5 · Checked October 26, 2026

Narrower laws in this state

  • IC 16-36-7-42: A parallel ten-rank proxy list (same order) for a declarant with no advance directive in effect or whose representative is unavailable. A proxy decision to withhold or withdraw life-prolonging procedures must be supported by evidence of what the declarant would have chosen, or best interests.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Indiana if there is no power of attorney?

Indiana's default surrogate law (IC 16-36-1-5) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (not if legally separated or a dissolution, separation or annulment petition is pending). The full order, tie rule and limits are in IC 16-36-1-5.

Does next of kin in Indiana have authority over money?

No default surrogate law covers money. In Indiana, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Indiana law checked against the official text on October 26, 2026.

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