§ 34-45-2-3 — Mentally incompetent persons and guardians

Indiana § 34-45-2-3

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 45: WITNESSES
• Ch. 2: Competent and Incompetent Witnesses

Text

(a) This section applies in all suits by or against
any person adjudged to be a mentally incompetent person or against the
mentally incompetent person's guardian:
(1) founded upon any contract with, or demand against the
protected person;
(2) to obtain possession of the real or personal property of the
protected person; or
(3) to affect the protected person's property in any manner.
(b) Except as provided in subsection (c), neither party to the
transaction is a competent witness to any matter that occurred before
the appointment of the incompetent person's guardian.
(c) If the party to the transaction who is under guardianship is
adjudged by the court to be competent to testify, the other party to the
suit shall not be excluded.
(d) This section does not apply to a contract made or transaction had
before February 27, 1903.
(e) Either party to a suit under this section has the right to call and
examine an adverse party as a witness. The court may require a party
to a suit or other person to testify. An abuse of discretion under this
subsection is reviewable on appeal.
[Pre-1998 Recodification Citation: 34-2-20-1.]

Legislative History

As added by P.L.1-1998, SEC.41.