Section 29-3-1-9.5 - "Medical evidence of capacity or incapacity" "Medical evidence of capacity or incapacity", for purposes of IC 29-3-4-1.5, means any evidence that is relevant to determine a person's capacity or incapacity. The term includes admissible written and electronic medical records that:
(1) are maintained by a health care provider in the course of examining, evaluating, or treating an adult individual;(2) are relevant to the:(A) health, physical, or mental condition of the adult individual;(B) ability or capacity of the adult individual to make and carry out decisions to provide for the individual's own self-care or management of the individual's property; or(C) individual's ability to benefit from or use less restrictive alternatives to guardianship under IC 29-3-5; and(3) may be admissible as evidence in a hearing held under IC 29-3-4-1.5 if authenticated and identified as a business record or presented in sworn testimony by a licensed health care provider.Added by P.L. 38-2023,SEC. 11, eff. 7/1/2023.