CHAPTER 7. ADULT GUARDIANSHIP SERVICES
IC 12-10-7
Chapter 7. Adult Guardianship Services
IC 12-10-7-1
"Incapacitated individual" defined
Sec. 1. As used in this chapter, "incapacitated individual" meansan individual who:
(1) cannot be located upon reasonable inquiry;
(2) is unable:
(A) to manage in whole or in part the individual's property;
(B) to provide self-care; or
(C) to do either of the functions described in clauses (A) and(B);
because of mental illness, dementia, physical illness, infirmity,habitual drunkenness, excessive use of drugs, confinement,detention, duress, fraud, undue influence of others on theindividual, or other disability (as that term is used inIC 12-10-10-3 or IC 12-14-15-1); or
(3) has a developmental disability.
As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.6.
IC 12-10-7-2
"Indigent adult" defined
Sec. 2. As used in this chapter, "indigent adult" means anindividual who:
(1) is at least eighteen (18) years of age;
(2) has no appropriate person to serve as guardian; and
(3) either:
(A) has an annual gross income of not more than onehundred twenty-five percent (125%) of the federal incomepoverty level as determined annually by the federal Office ofManagement and Budget under 42 U.S.C. 9902; or
(B) demonstrates the inability to obtain privately providedguardianship services.
As added by P.L.2-1992, SEC.4.
IC 12-10-7-3
"Provider" defined
Sec. 3. As used in this chapter, "provider" refers to a regionalguardianship services provider.
As added by P.L.2-1992, SEC.4.
IC 12-10-7-4
"Region" defined
Sec. 4. As used in this chapter, "region" means a service provisionregion established by the division by rule adopted under IC 4-22-2.
As added by P.L.2-1992, SEC.4.
IC 12-10-7-5
Establishment of program Sec. 5. The adult guardianship services program is established toprovide services within the limits of available funding for indigentincapacitated adults.
As added by P.L.2-1992, SEC.4.
IC 12-10-7-6
Administration
Sec. 6. The director shall administer the program on a statewidebasis.
As added by P.L.2-1992, SEC.4.
IC 12-10-7-7
Rules
Sec. 7. The director of the division shall adopt rules underIC 4-22-2 to implement this chapter.
As added by P.L.2-1992, SEC.4.
IC 12-10-7-8
Contracts for services; provider qualifications; specifications
Sec. 8. (a) The division shall contract in writing for the provisionof the guardianship services required in each region with a nonprofitcorporation that is:
(1) qualified to receive tax deductible contributions underSection 170 of the Internal Revenue Code; and
(2) located in the region.
(b) The division shall establish qualifications to determine eligibleproviders in each region.
(c) Each contract between the division and a provider mustspecify a method for the following:
(1) The establishment of a guardianship committee within theprovider, serving under the provider's board of directors.
(2) The provision of money and services by the provider in anamount equal to at least twenty-five percent (25%) of the totalamount of the contract and the provision by the division of theremaining amount of the contract. The division shall establishguidelines to determine the value of services provided underthis subdivision.
(3) The establishment of procedures to avoid a conflict ofinterest for the provider in providing necessary services to eachincapacitated individual.
(4) The identification and evaluation of indigent adults in needof guardianship services.
(5) The adoption of individualized service plans to provide theleast restrictive type of guardianship or related services for eachincapacitated individual, including the following:
(A) Designation as a representative payee by:
(i) the Social Security Administration;
(ii) the United States Office of Personnel Management;
(iii) the United States Department of Veterans Affairs; or
(iv) the United States Railroad Retirement Board. (B) Limited guardianship under IC 29-3.
(C) Guardianship of the person or estate under IC 29-3.
(D) The appointment of:
(i) a health care representative under IC 16-36-1-7; or
(ii) a power of attorney under IC 30-5.
(6) The periodic reassessment of each incapacitated individual.
(7) The provision of legal services necessary for theguardianship.
(8) The training and supervision of paid and volunteer staff.
(9) The establishment of other procedures and programsrequired by the division.
As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.7;P.L.24-1997, SEC.27.
IC 12-10-7-9
Audits
Sec. 9. (a) Each provider is subject to periodic audit of the adultguardianship services program by an independent certified publicaccountant.
(b) The results of the audit required under subsection (a) must besubmitted to the division.
As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.8;P.L.24-1997, SEC.28.