This text of Indiana § 12-10-3-21 (Involuntary protective services; petition) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
If an alleged endangered adult does not or
is unable to consent to the receipt of protective services arranged by the
division or the adult protective services unit or withdraws consent
previously given, the adult protective services unit, either directly or
through the prosecuting attorney's office in the county in which the
endangered adult resides, may petition the court to require the alleged
endangered adult to receive protective services. Any person upon
consent of the adult protective services unit, may petition the court to
require the alleged endangered adult to receive protective services. The
petition must be under oath or affirmation and must include the
following:
(1)The name, age, and residence of the alleged endangered adult
who is to receive protective services.
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If an alleged endangered adult does not or
is unable to consent to the receipt of protective services arranged by the
division or the adult protective services unit or withdraws consent
previously given, the adult protective services unit, either directly or
through the prosecuting attorney's office in the county in which the
endangered adult resides, may petition the court to require the alleged
endangered adult to receive protective services. Any person upon
consent of the adult protective services unit, may petition the court to
require the alleged endangered adult to receive protective services. The
petition must be under oath or affirmation and must include the
following:
(1) The name, age, and residence of the alleged endangered adult
who is to receive protective services.
(2) The nature of the problem or reason for the filing of the
petition for protective order.
(3) The name and address of the petitioner and the name and
address of the person or organization that may be required to
complete the court ordered protective services. If the petitioner is
an organization, the petition must contain information concerning
the title and authority of the individual filing on behalf of that
organization.
(4) Certification that:
(A) notice of the petition has been given to the alleged
endangered adult, the alleged endangered adult's attorney, if
any, or the alleged endangered adult's next of kin or guardian,
if any; and
(B) section 21.5 of this chapter regarding notice to the alleged
endangered adult's next of kin has been complied with.
If notice has not been given, a description of the attempts to give
notice shall be given.
(5) The name and address of the individuals most closely related
by blood or marriage to the alleged endangered adult, if known.
(6) A description of the proposed protective services to be
provided.
(7) A statement that the adult protective services unit has been
notified and consented to the petition if the petitioner is not the
adult protective services unit.
[Pre-1992 Revision Citation: 4-28-5-11(d).]