A volunteer advocates for seniors program or a volunteer advocates for incapacitated adults program under this chapter is not authorized to consent to or refuse health care (as defined in IC 16-36-1-1 ) for an individual if:

1. (1) a spouse, a parent, an adult child, or an adult sibling of the individual or the individual's religious superior, if the individual is a member of a religious order, is available, capable, and suitable to consent to or refuse the health care on behalf of the individual; or

2. (2) the individual has previously:

   1. (A) appointed a health care representative under IC 16-36-1 ;
   2. (B) authorized health care under IC 16-36-1.5 , IC 16-36-4 , or IC 16-36-5 ;
   3. (C) executed a power of attorney under IC 30-5-4 ; or
   4. (D) had a guardian appointed by the court under IC 29-3 .

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.10; P.L.72-2010, SEC.11.