Indiana Code 29-3-1-9.5. “Medical evidence of capacity or incapacity”
Current as of: 2023 | Check for updates
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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:
(2) are relevant to the:
(1) are maintained by a health care provider in the course of examining, evaluating, or treating an adult individual;
Terms Used In Indiana Code 29-3-1-9.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.