Indiana § 34-45-2-3 - Mentally incompetent persons and guardians
Full text of Indiana Indiana Code § 34-45-2-3 — Mentally incompetent persons and guardians, with citation guidance and answers to common questions.
§ 34-45-2-3. Mentally incompetent persons and guardians
Sec. 3. (a) This section applies in all suits by or against any person adjudged to be a mentally incompetent person or against the mentally incompetent person's guardian:
(1) founded upon any contract with, or demand against the protected person;
(2) to obtain possession of the real or personal property of the protected person; or
(3) to affect the protected person's property in any manner.
(b) Except as provided in subsection (c), neither party to the transaction is a competent witness to any matter that occurred before the appointment of the incompetent person's guardian.
(c) If the party to the transaction who is under guardianship is adjudged by the court to be competent to testify, the other party to the suit shall not be excluded.
(d) This section does not apply to a contract made or transaction had before February 27, 1903.
(e) Either party to a suit under this section has the right to call and examine an adverse party as a witness. The court may require a party to a suit or other person to testify. An abuse of discretion under this subsection is reviewable on appeal.
[Pre-1998 Recodification Citation: 34-2-20-1.]
As added by P.L.1-1998, SEC.41.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 34-45-2-3
What does Indiana Code § 34-45-2-3 cover?
Section 34-45-2-3 ("Mentally incompetent persons and guardians") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 34-45-2-3?
A common citation format is "Indiana Code § 34-45-2-3" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 34-45-2-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.