Indiana § 29-3-8-8 - Limitations on guardian powers; petition for confidential health disclosure order

§ 29-3-8-8. Limitations on guardian powers; petition for confidential health disclosure order

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).

As added by P.L.169-1988, SEC.1. Amended by P.L.38-2023, SEC.13.