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IC 29-3-8.5-1
Appointment
Sec. 1. A court in a proceeding under this article may appoint a
volunteer advocate for seniors or a volunteer advocate for
incapacitated adults.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.2.
IC 29-3-8.5-2
Progress report; final report
Sec. 2. A volunteer advocate for seniors or a volunteer advocate
for incapacitated adults shall submit to the court:
(1) a progress report fifteen (15) days after the date of
appointment describing the matters required by the court; and
(2) a final report sixty (60) days after the date of appointment:
(A) describing the matters required by the court; and
(B) making recommendations to the court as to whether a
need exists for continued representation of the incapacitated
or protected person.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.3.
IC 29-3-8.5-3
Duties
Sec. 3. A volunteer advocate for seniors or a volunteer advocate
for incapacitated adults shall:
(1) serve as a limited guardian to represent and protect the
interests of an incapacitated or protected person;
(2) investigate and gather information regarding the health,
welfare, and financial circumstances of the incapacitated or
protected person, as directed by a court;
(3) facilitate and authorize health care, social welfare, and
residential placement services as needed by the incapacitated or
protected person;
(4) advocate for the rights of the incapacitated or protected
person;
(5) facilitate legal representation for the incapacitated or
protected person; and
(6) perform any other duty required by a court.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.4.
IC 29-3-8.5-4
Actions a volunteer advocate for seniors or a volunteer advocate
for incapacitated adults may take
Sec. 4. A volunteer advocate for seniors or a volunteer advocate
for incapacitated adults may:
(1) consent to medical and other professional care and treatment
for the incapacitated or protected person's health and welfare;
IC 29-3-8.5-5
Term of appointment
Sec. 5. If a court appoints an individual to serve as a volunteer
advocate for seniors or a volunteer advocate for incapacitated adults,
the appointment shall be for a period of sixty (60) days. After the
initial sixty (60) day period, the court may, upon petition by the
volunteer or upon the court's own motion, extend the appointment for
a period as determined by the court to be necessary to protect the
interests of the incapacitated or protected person.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.6.
IC 29-3-8.5-6
Officer of the court
Sec. 6. A volunteer advocate for seniors or a volunteer advocate
for incapacitated adults is considered an officer of the court for the
purpose of representing the interests of an incapacitated or protected
person.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.7.
IC 29-3-8.5-7
Attorney appointment
Sec. 7. The court may appoint an attorney to represent a volunteer
advocate for seniors or a volunteer advocate for incapacitated adults.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.8.
IC 29-3-8.5-8
Civil immunity
Sec. 8. Except for gross misconduct:
(1) a volunteer advocate for seniors program or a volunteer
advocate for incapacitated adults program that;
(2) an employee of a volunteer advocates for seniors program
or a volunteer advocate for incapacitated adults program who;
or
(3) a volunteer for a volunteer advocates for seniors program or
a volunteer advocate for incapacitated adults program who;
performs duties in good faith is immune from any civil liability
resulting from the program's, employee's, or volunteer's performance.
IC 29-3-8.5-9
Authorization to consent to or refuse health care
Sec. 9. A volunteer advocate for seniors or a volunteer advocate
for incapacitated adults under this chapter is not authorized to
consent to or refuse health care (as defined in IC 16-36-1-1) for an
individual if:
(1) a spouse, a parent, an adult child, or an adult sibling of the
individual or the individual's religious superior, if the individual
is a member of a religious order, is available, capable, and
suitable to consent to or refuse the health care on behalf of the
individual; or
(2) the individual has previously:
(A) appointed a health care representative under IC 16-36-1;
(B) authorized health care under IC 16-36-1.5, IC 16-36-4,
or IC 16-36-5;
(C) executed a power of attorney under IC 30-5-4; or
(D) had a guardian appointed by the court under IC 29-3.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.10.