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Ind. Code § 29-3-8-8

Limitations on guardian powers; petition for confidential health disclosure order

Applied in 1 court decision — leading case E.N. Ex Rel. Nesbitt v. Rising Sun-Ohio County Community School Corp. (1999)

Most recently applied in E.N. Ex Rel. Nesbitt v. Rising Sun-Ohio County Community School Corp. (December 1999)

As added by P.L.169-1988, SEC.1

Sec. 8. (a) The court, at the time of appointment or later, on its own motion or on petition of the protected person or other person approved by the court, may:

(1) confer upon the guardian any additional responsibilities and powers;

(2) increase or decrease the bond of the guardian to satisfy the requirements of IC 29-3-7-1; or

(3) limit the responsibilities and powers of the guardian otherwise conferred by this article and create a limited guardianship.

(b) However, all limitations must be endorsed on the guardian's letters. Following the same procedure, a limitation may be removed or modified and appropriate revised letters issued.

(c) If a protected person files a petition to limit or modify a guardianship under this section and the protected person is unable to obtain medical records from a health care provider, the:

(1) protected person;

(2) attorney of record for the protected person;

(3) court appointed guardian ad litem for the protected person; or

(4) volunteer advocates for seniors or incapacitated adults program appointed under IC 29-3-8.5;

may file a petition under IC 29-3-4-1.5 to request a confidential health disclosure order and shall provide notice of the petition to any court appointed guardian ad litem of the protected person under IC 29-3-4-1.5(f)(3). A petition filed under this subsection that contains an allegation that the protected person has made a direct request for and has been denied access to the medical records has satisfied the requirement of IC 29-3-4-1.5(b)(4)(E).

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.