2023 Indiana Code
Title 29. Probate
Article 3. Guardianships and Protective Proceedings
Chapter 1. Definitions
29-3-1-9.5. "Medical Evidence of Capacity or Incapacity"
Sec. 9.5. "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.
As added by P.L.38-2023, SEC.11.
