IC 29-3-1-9.5 — "Medical evidence of capacity or incapacity"
Chapter 1. Definitions
Section text
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.
Source: official publisher (2026 edition)