§ 12-26-2-5 — Representation by counsel; appointment; proof required by petitioner

Indiana § 12-26-2-5

• Jurisdiction: Indiana
• Art. 26: VOLUNTARY AND INVOLUNTARY
• Ch. 2: Rights of Persons

Text

(a) This section applies under the following
statutes:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) A petitioner may be represented by counsel.
(c) The court may appoint counsel for a petitioner upon a showing
of the petitioner's indigency and the court shall pay for such counsel if
appointed.
(d) A petitioner, including a petitioner who is a health care provider
under IC 16-18-2-295(b), in the petitioner's individual capacity or as a
corporation is not required to be represented by counsel. If a petitioner
who is a corporation elects not to be represented by counsel, the
individual representing the corporation at the commitment hearing
must present the court with written authorization from:
(1) an officer;
(2) a director;
(3) a principal; or
(4) a manager;
of the corporation that authorizes the individual to represent the interest
of the corporation in the proceedings.
(e) The petitioner is required to prove by clear and convincing
evidence that:
(1) the individual is mentally ill and either dangerous or gravely
disabled; and
(2) detention or commitment of that individual is appropriate.
[Pre-1992 Revision Citation: 16-14-9.1-9(g).]

Legislative History

As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993, SEC.152; P.L.2-1995, SEC.60; P.L.6-1995, SEC.21; P.L.256-1999, SEC.2; P.L.14-2000, SEC.33; P.L.1-2007, SEC.126.