Indiana § 29-3-8-10 - Access of guardian to digital assets; power conferred by court

§ 29-3-8-10. Access of guardian to digital assets; power conferred by court

Sec. 10. (a) IC 32-39-2-11 applies to the right of a guardian to access:

(1) the content of an electronic communication;

(2) a catalogue of electronic communications; or

(3) any other digital asset;

of a protected person.

(b) This article:

(1) does not confer upon a guardian the power to access:

(A) the content of an electronic communication;

(B) a catalogue of electronic communications; or

(C) any other digital asset;

of a protected person unless a court expressly confers the power upon the guardian under IC 29-3-9-4.1; and

(2) confers upon a guardian the power to access:

(A) the content of an electronic communication;

(B) a catalogue of electronic communications; or

(C) any other digital asset;

of a protected person only to the extent that the court expressly confers the power upon the guardian under IC 29-3-9-4.1.

(c) For purposes of section 8 of this chapter, a power expressly conferred by a court upon a guardian under IC 29-3-9-4.1 is considered an additional responsibility and power within the meaning of section 8(a)(1) of this chapter.

As added by P.L.137-2016, SEC.6.

IC 29-3-8.5Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults

29-3-8.5-1Appointment 29-3-8.5-2Progress reports; final report 29-3-8.5-3Duties 29-3-8.5-4Actions a volunteer advocate for seniors and incapacitated adults may take 29-3-8.5-5Term of appointment 29-3-8.5-6Officer of the court 29-3-8.5-7Attorney appointment 29-3-8.5-8Civil immunity 29-3-8.5-9Repealed 29-3-8.5-9.5Application of responsibilities and powers of guardians 29-3-8.5-10Petitions for reasonable compensation 29-3-8.5-11Joint or multiple county programs 29-3-8.5-12Programs of nonprofit corporations

IC 29-3-8.5-1Appointment Sec. 1. A court in a proceeding under this article may appoint a volunteer advocates for seniors and incapacitated adults program.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.2; P.L.72-2010, SEC.5; P.L.4-2020, SEC.5.

IC 29-3-8.5-2Progress reports; final report Sec. 2. A volunteer advocates for seniors and incapacitated adults program shall submit to the court:

(1) a progress report thirty (30) days after the date of appointment describing:

(A) the matters required by the court; and

(B) the:

(i) current physical and mental condition;

(ii) residential placement;

(iii) person centered care plan; and

(iv) property, and any property related issues;

of the senior or the incapacitated adult;

(2) a progress report sixty (60) days after the date of appointment:

(A) describing the matters required by the court; and

(B) that includes a verified inventory describing the property, and any property related issues, of the incapacitated adult or senior;

(3) a progress report or final report ninety (90) days after the date of appointment:

(A) describing the matters required by the court;

(B) describing the person centered care plan; and

(C) making recommendations to the court as to whether the need continues to exist for the appointment of a guardian of the incapacitated adult or senior;

(4) an annual progress report on the anniversary date of the appointment if the appointment of the volunteer advocate is continued by the court for more than one (1) year:

(A) describing the matters required by the court;

(B) describing the:

(i) current physical and mental condition;

(ii) residential placement;

(iii) person centered care plan; and

(iv) property, and any property related issues;

of the senior or the incapacitated adult; and

(C) making recommendations to the court as to whether the need continues to exist for the appointment of a guardian of the incapacitated adult or senior; and

(5) upon the death of the incapacitated person, a final report and financial accounting:

(A) describing the incapacitated person's:

(i) final physical and mental condition;

(ii) cause of death;

(iii) last residential placement; and

(iv) final burial arrangements;

(B) stating the actions taken by the program regarding the:

(i) person's care and custody; and

(ii) preservation of the person's property;

(C) making recommendations to the court to close the guardianship of the person; and

(D) containing all other matters required by the court.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.3; P.L.72-2010, SEC.6; P.L.4-2020, SEC.6.

IC 29-3-8.5-3Duties Sec. 3. (a) A volunteer advocates for seniors and incapacitated adults program shall:

(1) serve as a guardian to represent and protect the best interests of an incapacitated person or senior including the person's property;

(2) investigate and gather information regarding the health, welfare, and financial circumstances of the incapacitated person or senior, as directed by a court;

(3) facilitate and authorize health care, social welfare, and residential placement services as needed by the incapacitated person or senior;

(4) advocate for the rights of the incapacitated person or senior;

(5) facilitate legal representation for the incapacitated person or senior;

(6) provide the court with the required reports under section 2 of this chapter; and

(7) perform any other responsibilities required by the court.

(b) A volunteer advocates for seniors and incapacitated adults program has the duties of the guardian of a minor listed in IC 29-3-8-1 and IC 29-3-8-3.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.4; P.L.72-2010, SEC.7; P.L.4-2020, SEC.7.

IC 29-3-8.5-4Actions a volunteer advocate for seniors and incapacitated adults may take Sec. 4. (a) A volunteer advocates for seniors and incapacitated adults program may:

(1) consent to health care (as defined in IC 16-36-1-1) and other professional care and treatment for the incapacitated person's or senior's health and welfare;

(2) secure the appointment of a guardian or coguardian in another state;

(3) take custody of the incapacitated person or senior and establish the incapacitated person's or senior's residence within Indiana or another state in accordance with IC 29-3-9-2;

(4) institute proceedings or take other appropriate action to compel the performance by any person of a duty to support the incapacitated person's or senior's health or welfare;

(5) protect and preserve the property of the incapacitated person or senior and preserve any property in excess of the incapacitated person's or senior's current needs;

(6) delegate to the incapacitated person or senior certain responsibilities for decisions affecting the incapacitated person's or senior's business affairs and well-being; and

(7) petition the court to request the authority to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of an incapacitated person as provided under IC 29-3-9-12.2.

(b) A volunteer advocates for seniors and incapacitated adults program may exercise the powers of a guardian of a minor listed in IC 29-3-8-2 and IC 29-3-8-4.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.5; P.L.72-2010, SEC.8; P.L.83-2014, SEC.3; P.L.4-2020, SEC.8.

IC 29-3-8.5-5Term of appointment Sec. 5. (a) If a court appoints a volunteer advocates for seniors and incapacitated adults program, the initial appointment shall be for a period of ninety (90) days.

(b) After the initial ninety (90) day period, the court may, upon petition by the volunteer advocates for seniors and incapacitated adults program or upon the court's own motion, extend the appointment for a period as determined by the court to be necessary to protect the best interests and property of the incapacitated person or senior.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.6; P.L.72-2010, SEC.9; P.L.4-2020, SEC.9.

IC 29-3-8.5-6Officer of the court Sec. 6. A volunteer advocates for seniors and incapacitated adults program is considered an officer of the court for the purpose of representing the interests of an incapacitated person or senior.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.7; P.L.72-2010, SEC.10; P.L.4-2020, SEC.10.

IC 29-3-8.5-7Attorney appointment Sec. 7. The court may appoint an attorney to represent a volunteer advocate for seniors and incapacitated adults.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.8; P.L.4-2020, SEC.11.

IC 29-3-8.5-8Civil immunity Sec. 8. Except for gross misconduct:

(1) a volunteer advocate for seniors and incapacitated adults program that;

(2) an employee of a volunteer advocates for seniors and incapacitated adults program who; or

(3) a volunteer for a volunteer advocates for seniors and 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.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.9; P.L.4-2020, SEC.12.

IC 29-3-8.5-9RepealedAs added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.10; P.L.72-2010, SEC.11. Repealed by P.L.4-2020, SEC.13.

IC 29-3-8.5-9.5Application of responsibilities and powers of guardians Sec. 9.5. IC 29-3-8-5 through IC 29-3-8-8 apply to a volunteer advocates for seniors and incapacitated adults program under this chapter.

As added by P.L.72-2010, SEC.12. Amended by P.L.4-2020, SEC.14.

IC 29-3-8.5-10Petitions for reasonable compensation Sec. 10. (a) A volunteer advocates for seniors and incapacitated adults program may petition the court for reasonable compensation for services provided or for expenditures made in good faith on behalf of the incapacitated adult or senior.

(b) A court may grant reasonable compensation or expenditure reimbursement to a volunteer advocates for seniors and incapacitated adults program upon the court's own motion.

As added by P.L.72-2010, SEC.13. Amended by P.L.4-2020, SEC.15.

IC 29-3-8.5-11Joint or multiple county programs Sec. 11. (a) Courts with probate jurisdiction that are located in adjacent counties may establish joint or multiple county volunteer advocates for seniors and incapacitated adults programs.

(b) Courts with probate jurisdiction may contract with an Indiana nonprofit or municipal corporation to provide volunteer advocates for seniors and incapacitated adults programs.

As added by P.L.72-2010, SEC.14. Amended by P.L.4-2020, SEC.16.

IC 29-3-8.5-12Programs of nonprofit corporations Sec. 12. (a) A volunteer advocates for seniors and incapacitated adults program that is a program of an Indiana nonprofit corporation must establish policies and procedures to avoid a conflict of interest if the nonprofit corporation is also a provider of other necessary services to the incapacitated individual.

(b) A volunteer advocates for seniors and incapacitated adults program to which subsection (a) applies shall advise the court of the policies and procedures established to avoid a conflict of interest in the petition to the court for guardianship of the incapacitated individual.

As added by P.L.72-2010, SEC.15. Amended by P.L.4-2020, SEC.17.

IC 29-3-9Chapter 9. Matters Other Than Appointment

29-3-9-1Delegation of powers by executed power of attorney; limitations 29-3-9-2Change in physical presence of protected person 29-3-9-3Compensation and reimbursement of guardian 29-3-9-4Repealed 29-3-9-4.1Guardian access to protected person's digital assets upon authorization of court 29-3-9-4.5Estate planning 29-3-9-5Inventory of guardianship property 29-3-9-6Account of administration; filing with court; notice of hearing on account; order of discharge; limitation of actions against sureties 29-3-9-6.5Accounting standards and procedures 29-3-9-7Compromise of claim; petition to court; settlement; access to confidential exhibits 29-3-9-8Supplementary orders 29-3-9-9Expenses of proceedings 29-3-9-10Attorney of record for guardian 29-3-9-11Investigation and report concerning minor or protected person 29-3-9-12Guardianship of property of minor or incapacitated adult; compliance with demand or instruction; enforcement proceedings; awards 29-3-9-12.2Petition for authority to petition for dissolution, legal separation, or annulment; granting petition; considerations; petition not required for certain actions 29-3-9-13Filing petition for dissolution, legal separation, or annulment in guardian's county of residence