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Indiana Code Title 29. Probate § 29-3-1-9.5

Current as of January 02, 2024 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - Indiana Code Title 29. Probate § 29-3-1-9.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-3-1-9-5/

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