Sec. 4. (a) An individual described in section 3 of this chapter may consent to health care unless, in the good faith opinion of the attending physician, the individual is incapable of making a decision regarding the proposed health care. (b) A consent to health care under section 5, 6, or 7 of this chapter is not valid if: (1) the health care provider has knowledge that the individual has indicated contrary instructions in regard to the proposed health care; and (2) the individual has not been determined to be incapable of consenting to health care by: (A) an order of a probate court under section 8 of this chapter; or (B) the individual's attending physician under subsection (a). [Pre-1993 Recodification Citation: 16-8-12-3.]
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