Sec. 43. The following individuals may not serve as a proxy under section 42 of this chapter: (1) An individual specifically disqualified in the declarant's advance directive. (2) A spouse who: (A) is legally separated from the declarant; or (B) has a petition for dissolution, legal separation, or annulment of marriage from the declarant that is pending in a court. (3) An individual who is subject to a protective order or other court order that directs that individual to avoid contact with the declarant. (4) An individual who is subject to a pending criminal charge in which the declarant was the alleged victim.
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