Bill Text: IN HB1169 | 2010 | Regular Session | Engrossed
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-Engrossed.html
Citations Affected: IC 29-3.
Synopsis: Volunteer advocates programs for incapacitated adults and
seniors. Provides that a court will appoint volunteer advocates for
seniors programs or volunteer advocates for incapacitated adults
programs (programs) rather than individual advocates. Changes the: (1)
reporting requirements for; (2) duties of; and (3) appointments of;
programs. Provides that a program may petition the court for
reasonable compensation or reimbursement of expenses. Provides that
probate courts in adjacent counties may establish joint or multiple
county programs. Provides that probate courts may contract with an
Indiana nonprofit or municipal corporation to provide programs.
Provides that the programs have the duties of a guardian of a minor.
Provides that the programs have certain responsibilities regarding
property that a guardian has.
Effective: July 1, 2010.
(SENATE SPONSORS _ DILLON, ALTING, BRODEN, ROGERS, ZAKAS, RANDOLPH)
January 7, 2010, read first time and referred to Committee on Family, Children and Human
Affairs.
January 25, 2010, amended, reported _ Do Pass.
February 1, 2010, read second time, ordered engrossed. Engrossed.
February 2, 2010, read third time, passed. Yeas 95, nays 0.
February 8, 2010, read first time and referred to Committee on Judiciary.
February 18, 2010, amended, reported favorably _ Do Pass.
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probate.
(1) is a volunteer;
(2) has completed a
(3) is supervised by a
advocate for seniors" means an individual who:
(1) is a volunteer;
(2) has completed a limited guardian training program approved
by a court;
(3) is supervised by a community volunteer advocates for seniors
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.
(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 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) 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.
(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.
(1) consent to medical and other professional care and treatment for the incapacitated
welfare;
(2) secure the appointment of a guardian or coguardian in another
state;
(3) take custody of the incapacitated or protected person or senior
and establish the incapacitated person's place of abode 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 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.
(b) After the initial
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
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.
(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) 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) 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.
