Sec. 4.1. (a) After notice to interested persons and upon authorization of a court, a guardian may access:

(1) the content of an electronic communication;

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Terms Used In Indiana Code 29-3-9-4.1

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(2) a catalogue of electronic communications; or

(3) any other digital asset;

of a protected person as provided in the order of the court. The court’s authorization may apply generally or be restricted in scope.

     (b) Before approving a guardian’s exercise of the power to access an item described in subsection (a)(1) through (a)(3), the court shall consider primarily the decision that the protected person would have made, to the extent that the decision the protected person would have made can be ascertained.

As added by P.L.137-2016, SEC.7.