§ 29-3-1-9.5 — "Medical evidence of capacity or incapacity"

Indiana § 29-3-1-9.5

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 1: Definitions

Text

5. "Medical evidence of capacity or
incapacity", for purposes of IC 29-3-4-1.5, means any evidence that is
relevant to determine a person's capacity or incapacity. The term
includes admissible written and electronic medical records that:
(1) are maintained by a health care provider in the course of
examining, evaluating, or treating an adult individual;
(2) are relevant to the:
(A) health, physical, or mental condition of the adult individual;
(B) ability or capacity of the adult individual to make and carry
out decisions to provide for the individual's own self-care or
management of the individual's property; or
(C) individual's ability to benefit from or use less restrictive
alternatives to guardianship under IC 29-3-5; and
(3) may be admissible as evidence in a hearing held under IC 29-3-4-1.5 if authenticated and identified as a business record or
presented in sworn testimony by a licensed health care provider.

Legislative History

As added by P.L.38-2023, SEC.11.