Q: Who is in charge of the care of father in law, his only child has passed away? Myself, his daughter in law? Grandkids?

A: The answer depends in great part on whether your father-in-law has already executed documents such as a Power of Attorney or Advance Directive. If he has not done so, Indiana statute 16-36-7-42 provides in brief summary that A friend who: (A) is an adult; (B) has maintained regular contact with the individual; and (C) is familiar with the individual's activities, health, and religious or moral beliefs, may make health care decisions for the person acting as a proxy.

Any health care decision must be based on the proxy's informed consent and on the decision the proxy reasonably believes the declarant would have made under the circumstances, taking into account the declarant's express or implied intentions. If there is no reliable indication of what the declarant would have chosen, the proxy shall consider the declarant's best interests in deciding that proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn.

A proxy's decision to withhold or withdraw life prolonging procedures must be supported by evidence that the decision would have been the one the declarant would have chosen had the declarant been competent or, if there is no reliable indication of what the declarant would have chosen, that the decision is in the declarant's best interests.

While the father-in-law is still living, you can also be appointed as his guardian, thereby being fully in charge of matters pertaining to his person and finances. When he passes away you can seek to open his estate to probate and be appointed as the personal representative.