Section 12-26-2-5 - Representation by counsel; appointment; proof required by petitioner(a) This section applies under the following statutes:(b) A petitioner may be represented by counsel.(c) The court may appoint counsel for a petitioner upon a showing of the petitioner's indigency and the court shall pay for such counsel if appointed.(d) A petitioner, including a petitioner who is a health care provider under IC 16-18-2-295(b), in the petitioner's individual capacity or as a corporation is not required to be represented by counsel. If a petitioner who is a corporation elects not to be represented by counsel, the individual representing the corporation at the commitment hearing must present the court with written authorization from: (4) a manager; of the corporation that authorizes the individual to represent the interest of the corporation in the proceedings.
(e) The petitioner is required to prove by clear and convincing evidence that: (1) the individual is mentally ill and either dangerous or gravely disabled; and(2) detention or commitment of that individual is appropriate.Pre-1992 Revision Citation: 16-14-9.1-9(g).
As added by P.L. 2-1992, SEC.20. Amended by P.L. 1-1993, SEC.152; P.L. 2-1995, SEC.60; P.L. 6-1995, SEC.21; P.L. 256-1999, SEC.2; P.L. 14-2000, SEC.33; P.L. 1-2007, SEC.126.