February 20, 2004
ENGROSSED
HOUSE BILL No. 1178
_____
DIGEST OF HB 1178
(Updated February 19, 2004 10:46 am - DI 106)
Citations Affected: IC 29-3; IC 34-30.
Synopsis: Volunteer advocates for seniors and guardians. Permits a
court to appoint a volunteer advocate for seniors ("volunteer") to
represent and protect for a limited period the interests of an
incapacitated or protected person who is at least 55 years of age.
Requires a volunteer to report to the court and make recommendations
regarding the incapacitated or protected person. Provides civil
immunity for a volunteer, a volunteer advocate for seniors program,
and a guardian.
Effective: July 1, 2004.
Avery
, Kuzman
, Koch
, Klinker
(SENATE SPONSORS _ DILLON, LONG, BRODEN, ROGERS, ANTICH)
January 13, 2004, read first time and referred to Committee on Judiciary.
January 26, 2004, amended, reported _ Do Pass.
January 29, 2004, read second time, amended, ordered engrossed.
January 30, 2004, engrossed.
February 5, 2004, read third time, passed. Yeas 96, nays 0.
SENATE ACTION
February 9, 2004, read first time and referred to Committee on Judiciary.
February 19, 2004, amended, reported favorably _ Do Pass.
February 20, 2004
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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ENGROSSED
HOUSE BILL No. 1178
A BILL FOR AN ACT to amend the Indiana Code concerning
probate.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 29-3-1-16; (04)EH1178.1.1. -->
SECTION 1. IC 29-3-1-16 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 16. "Volunteer 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;
(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) provides reports and makes recommendations to a court.
SOURCE: IC 29-3-8.5; (04)EH1178.1.2. -->
SECTION 2. IC 29-3-8.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]:
Chapter 8.5. Volunteer Advocates for Seniors
Sec. 1. A court in a proceeding under this article may appoint a
volunteer advocate for seniors.
Sec. 2. A volunteer advocate for seniors shall submit to the
court:
(1) a progress report fifteen (15) days after the date of
appointment describing the matters required by the court;
and
(2) a final 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.
Sec. 3. A volunteer advocate for seniors shall:
(1) serve as a limited guardian to represent and protect the
interests of an incapacitated or protected person who is at
least fifty-five (55) years of age;
(2) investigate and gather information regarding the health,
welfare and financial circumstances of the incapacitated or
protected person, as directed by a court;
(3) facilitate and authorize health care, social welfare, and
residential placement services as needed by the incapacitated
or protected person;
(4) advocate for the rights of the incapacitated or protected
person;
(5) facilitate legal representation for the incapacitated or
protected person; and
(6) perform any other duty required by a court.
Sec. 4. A volunteer advocate for seniors may:
(1) consent to medical and other professional care and
treatment for the incapacitated or protected person's health
and welfare;
(2) secure the appointment of a guardian or coguardian in
another state;
(3) take custody of the incapacitated or protected person and
establish the person's place of abode 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 health or welfare; and
(5) delegate to the incapacitated or protected person certain
responsibilities for decisions affecting the person's business
affairs and well-being.
Sec. 5. If a court appoints an individual to serve as a volunteer
advocate for seniors, the appointment shall be for a period of sixty
(60) days. After the initial sixty (60) day period, the court may,
upon petition by the volunteer or upon the court's own motion,
extend the appointment for a period as determined by the court to
be necessary to protect the interests of the incapacitated or
protected person.
Sec. 6. A volunteer advocate for seniors is considered an officer
of the court for the purpose of representing the interests of an
incapacitated or protected person.
Sec. 7. The court may appoint an attorney to represent a
volunteer advocate for seniors.
Sec. 8. Except for gross misconduct:
(1) a volunteer advocate for seniors program that;
(2) an employee of a volunteer advocates for seniors program
who; or
(3) a volunteer for a volunteer advocates for seniors program
who;
performs duties in good faith is immune from any civil liability
resulting from the program's, employee's, or volunteer's
performance.
Sec. 9. A volunteer advocate for seniors 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.
SOURCE: IC 29-3-9-2; (04)EH1178.1.3. -->
SECTION 3. IC 29-3-9-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 2. A guardian (other than a
temporary guardian)
or volunteer advocate for seniors appointed
under IC 29-3-8.5 may, with the approval of and under such
conditions as may be imposed by the court after notice and hearing,
change the physical presence of the protected person to another place
in Indiana or to another state if the court finds that such a change is in
the best interests of the protected person. Upon such a change, the
guardianship may be limited or terminated by the court.
SOURCE: IC 29-3-11-4; (04)EH1178.1.4. -->
SECTION 4. IC 29-3-11-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 4. Except as provided in section 2 of this chapter and
except for gross misconduct, a guardian appointed under this
article is immune from any civil liability resulting from the
guardian's performance.
SOURCE: IC 34-30-2-125.5; (04)EH1178.1.5. -->
SECTION 5. IC 34-30-2-125.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 125.5. IC 29-3-8.5-9 (Concerning
a volunteer advocate for seniors).
SOURCE: IC 34-30-2-126.5; (04)EH1178.1.6. -->
SECTION 6. IC 34-30-2-126.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]:
Sec. 126.5. IC 29-3-11-4 (Concerning
a guardian appointed under IC 29-3-5).