Bill Text: IN HB1169 | 2010 | Regular Session | Enrolled
Bill Title: Volunteer advocates programs for incapacitated adults and seniors.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1169 Detail]
Download: Indiana-2010-HB1169-Enrolled.html
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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HOUSE ENROLLED ACT No. 1169
AN ACT to amend the Indiana Code concerning probate.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 29-3-1-15.5; (10)HE1169.1.1. -->
SECTION 1. IC 29-3-1-15.5, AS ADDED BY P.L.11-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 15.5. "Volunteer advocate for incapacitated
adults" means an individual who:
(1) is a volunteer;
(2) has completed alimited guardian training program approved
by a court;
(3) is supervised by acommunity volunteer advocates for
incapacitated adults program that is appointed by a court to
serve as a guardian for an incapacitated person who is at least
eighteen (18) years of age; and
(4) is appointed by a court to serve as a limited guardian for an
incapacitated person or protected person who is at least eighteen
(18) years of age; and
(5) (4) provides reports and makes recommendations to a court.
(1) is a volunteer;
(2) has completed a
(3) is supervised by a
SOURCE: IC 29-3-1-16; (10)HE1169.1.2. -->
SECTION 2. IC 29-3-1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 16. "Volunteer
advocate for seniors" means an individual who:
(1) is a volunteer;
(2) has completed alimited guardian training program approved
by a court;
(3) is supervised by acommunity volunteer advocates for seniors
(1) is a volunteer;
(2) has completed a
(3) is supervised by a
program that is appointed by a court to serve as a guardian for
an incapacitated person who is at least fifty-five (55) years of
age; and
(4) is appointed by a court to serve as a limited guardian for an
incapacitated person or protected person who is at least fifty-five
(55) years of age; and
(5) (4) provides reports and makes recommendations to a court.
SOURCE: IC 29-3-1-17; (10)HE1169.1.3. -->
SECTION 3. IC 29-3-1-17 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 17. "Volunteer advocates for incapacitated adults
program" means:
(1) an Indiana nonprofit or municipal corporation;
(2) a program of an Indiana nonprofit or municipal corporation; or
(3) a program operated by a county or court;
that is appointed by a court to serve as a guardian for an incapacitated person who is at least eighteen (18) years of age and trains and supervises volunteers in a court approved guardian program for incapacitated adults.
(1) an Indiana nonprofit or municipal corporation;
(2) a program of an Indiana nonprofit or municipal corporation; or
(3) a program operated by a county or court;
that is appointed by a court to serve as a guardian for an incapacitated person who is at least eighteen (18) years of age and trains and supervises volunteers in a court approved guardian program for incapacitated adults.
SOURCE: IC 29-3-1-18; (10)HE1169.1.4. -->
SECTION 4. IC 29-3-1-18 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 18. "Volunteer advocates for seniors program"
means:
(1) an Indiana nonprofit or municipal corporation;
(2) a program of an Indiana nonprofit or municipal corporation; or
(3) a program operated by a county or court;
that is appointed by a court to serve as a guardian for an incapacitated person who is at least fifty-five (55) years of age and trains and supervises volunteers in a court approved guardian program for incapacitated persons who are at least fifty-five (55) years of age.
(1) an Indiana nonprofit or municipal corporation;
(2) a program of an Indiana nonprofit or municipal corporation; or
(3) a program operated by a county or court;
that is appointed by a court to serve as a guardian for an incapacitated person who is at least fifty-five (55) years of age and trains and supervises volunteers in a court approved guardian program for incapacitated persons who are at least fifty-five (55) years of age.
SOURCE: IC 29-3-8.5-1; (10)HE1169.1.5. -->
SECTION 5. IC 29-3-8.5-1, AS AMENDED BY P.L.11-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1. A court in a proceeding under this article may
appoint a volunteer advocate advocates for seniors program or a
volunteer advocate advocates for incapacitated adults program.
SOURCE: IC 29-3-8.5-2; (10)HE1169.1.6. -->
SECTION 6. IC 29-3-8.5-2, AS AMENDED BY P.L.11-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2. A volunteer advocate advocates for seniors
program or a volunteer advocate advocates for incapacitated adults
program shall submit to the court:
(1) a progress reportfifteen (15) 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; and
(iii) property, and any property related issues;
of the senior or the incapacitated adult;
(2) afinal progress 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. 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; and
(B) 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; and
(iii) 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.
(1) a progress report
(A) the matters required by the court; and
(B) the:
(i) current physical and mental condition;
(ii) residential placement; and
(iii) property, and any property related issues;
of the senior or the incapacitated adult;
(2) a
(A) describing the matters required by the court; and
(B)
(3) a progress report or final report ninety (90) days after the date of appointment:
(A) describing the matters required by the court; and
(B) 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; and
(iii) 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.
SOURCE: IC 29-3-8.5-3; (10)HE1169.1.7. -->
SECTION 7. IC 29-3-8.5-3, AS AMENDED BY P.L.11-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. (a) A volunteer advocate advocates for seniors
program or a volunteer advocate advocates for incapacitated adults
program shall:
(1) serve as alimited guardian to represent and protect the best
interests of an incapacitated or protected person or senior
including the person's property;
(2) investigate and gather information regarding the health, welfare, and financial circumstances of the incapacitatedor
protected person or senior, as directed by a court;
(3) facilitate and authorize health care, social welfare, and residential placement services as needed by the incapacitatedor
protected person or senior;
(4) advocate for the rights of the incapacitatedor protected person
or senior;
(5) facilitate legal representation for the incapacitatedor protected
person or senior; and
(6) provide the court with the required reports under section 2 of this chapter; and
(6) (7) perform any other duty responsibilities required by a the
court.
(b) A volunteer advocates for seniors program or a volunteer advocates for 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.
(1) serve as a
(2) investigate and gather information regarding the health, welfare, and financial circumstances of the incapacitated
(3) facilitate and authorize health care, social welfare, and residential placement services as needed by the incapacitated
(4) advocate for the rights of the incapacitated
(5) facilitate legal representation for the incapacitated
(6) provide the court with the required reports under section 2 of this chapter; and
(b) A volunteer advocates for seniors program or a volunteer advocates for 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.
SOURCE: IC 29-3-8.5-4; (10)HE1169.1.8. -->
SECTION 8. IC 29-3-8.5-4, AS AMENDED BY P.L.11-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 4. (a) A volunteer advocate advocates for seniors
program or a volunteer advocate advocates for incapacitated adults
program may:
(1) consent to medical and other professional care and treatment for the incapacitatedor protected 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 incapacitatedor protected person or senior
and establish the incapacitated person's place of abode or
(1) consent to medical and other professional care and treatment for the incapacitated
(2) secure the appointment of a guardian or coguardian in another state;
(3) take custody of the incapacitated
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 or protected person's or senior's health or welfare;
and
(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; and
(5) (6) delegate to the incapacitated or protected person or senior
certain responsibilities for decisions affecting the incapacitated
person's or senior's business affairs and well-being.
(b) A volunteer advocates for seniors program or a volunteer
advocates for 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.
SOURCE: IC 29-3-8.5-5; (10)HE1169.1.9. -->
SECTION 9. IC 29-3-8.5-5, AS AMENDED BY P.L.11-2006,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 5. (a) If a court appoints an individual to serve as
a volunteer advocate advocates for seniors program or a volunteer
advocate advocates for incapacitated adults program, the initial
appointment shall be for a period of sixty (60) ninety (90) days.
(b) After the initialsixty (60) ninety (90) day period, the court may,
upon petition by the volunteer advocates for seniors program or
volunteer advocates for 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 or protected person or senior.
(b) After the initial
SOURCE: IC 29-3-8.5-6; (10)HE1169.1.10. -->
SECTION 10. IC 29-3-8.5-6, AS AMENDED BY P.L.11-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 6. A volunteer advocate advocates for seniors
program or a volunteer advocate advocates for incapacitated adults
program is considered an officer of the court for the purpose of
representing the interests of an incapacitated or protected person or
senior.
SOURCE: IC 29-3-8.5-9; (10)HE1169.1.11. -->
SECTION 11. IC 29-3-8.5-9, AS AMENDED BY P.L.11-2006,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 9. A volunteer advocate advocates for seniors
program or a volunteer advocate advocates for incapacitated adults
program 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
(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.
SOURCE: IC 29-3-8.5-9.5; (10)HE1169.1.12. -->
SECTION 12. IC 29-3-8.5-9.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 9.5. IC 29-3-8-5 through
IC 29-3-8-8 apply to a volunteer advocates for seniors program or
a volunteer advocates for incapacitated adults program under this
chapter.
SOURCE: IC 29-3-8.5-10; (10)HE1169.1.13. -->
SECTION 13. IC 29-3-8.5-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 10. (a) A volunteer advocates for
seniors program or a volunteer advocates for 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 program or a volunteer advocates for incapacitated adults program upon the court's own motion.
(b) A court may grant reasonable compensation or expenditure reimbursement to a volunteer advocates for seniors program or a volunteer advocates for incapacitated adults program upon the court's own motion.
SOURCE: IC 29-3-8.5-11; (10)HE1169.1.14. -->
SECTION 14. IC 29-3-8.5-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 11. (a) Courts with probate
jurisdiction that are located in adjacent counties may establish
joint or multiple county volunteer advocates for seniors programs
or volunteer advocates for incapacitated adults programs.
(b) Courts with probate jurisdiction may contract with an Indiana nonprofit or municipal corporation to provide volunteer advocates for seniors programs or volunteer advocates for incapacitated adults programs.
(b) Courts with probate jurisdiction may contract with an Indiana nonprofit or municipal corporation to provide volunteer advocates for seniors programs or volunteer advocates for incapacitated adults programs.
SOURCE: IC 29-3-8.5-12; (10)HE1169.1.15. -->
SECTION 15. IC 29-3-8.5-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 12. (a) A volunteer advocates for
seniors program or volunteer advocates for 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 program or volunteer
advocates for 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.
HEA 1169 _ Concur
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