If a declarant has become and remains incapacitated and has previously executed a valid advance directive under this chapter and executed:

1. (1) an appointment of a health care representative executed under IC 16-36-1 before January 1, 2023;
2. (2) a durable power of attorney granting health care powers and executed under IC 30-5 before January 1, 2023; or

3. (3) a similar advance directive executed by the declarant under the laws of another state in which the declarant was physically present at the time of signing; and

   if a material conflict exists between multiple documents described in this section or if a material conflict exists between the health care decisions that different health care representatives or other authorized agents propose to make under the multiple documents, or if there is a material difference between the documents, then the document signed last by the declarant and the authority of the named representatives or agents in that document controls.

As added by P.L.50-2021, SEC.63.