IC 29-3-8.5
    Chapter 8.5. Volunteer Advocates for Seniors or IncapacitatedAdults

IC 29-3-8.5-1
Appointment
    Sec. 1. A court in a proceeding under this article may appoint avolunteer advocates for seniors program or a volunteer advocates forincapacitated adults program.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.2;P.L.72-2010, SEC.5.

IC 29-3-8.5-2
Progress reports; final report
    Sec. 2. A volunteer advocates for seniors program or a volunteeradvocates for incapacitated adults program shall submit to the court:
        (1) a progress report thirty (30) days after the date ofappointment describing:
            (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 progress report sixty (60) days after the date ofappointment:
            (A) describing the matters required by the court; and
            (B) that includes a verified inventory describing theproperty, and any property related issues, of theincapacitated adult or senior;
        (3) a progress report or final report ninety (90) days after thedate of appointment:
            (A) describing the matters required by the court; and
            (B) making recommendations to the court as to whether theneed continues to exist for the appointment of a guardian ofthe incapacitated adult or senior;
        (4) an annual progress report on the anniversary date of theappointment if the appointment of the volunteer advocate iscontinued 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 theneed continues to exist for the appointment of a guardian ofthe incapacitated adult or senior; and
        (5) upon the death of the incapacitated person, a final report andfinancial 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 theguardianship of the person; and
            (D) containing all other matters required by the court.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.3;P.L.72-2010, SEC.6.

IC 29-3-8.5-3
Duties
    Sec. 3. (a) A volunteer advocates for seniors program or avolunteer advocates for incapacitated adults program shall:
        (1) serve as a guardian to represent and protect the best interestsof an incapacitated person or senior including the person'sproperty;
        (2) investigate and gather information regarding the health,welfare, and financial circumstances of the incapacitated personor senior, as directed by a court;
        (3) facilitate and authorize health care, social welfare, andresidential placement services as needed by the incapacitatedperson or senior;
        (4) advocate for the rights of the incapacitated person or senior;
        (5) facilitate legal representation for the incapacitated person orsenior;
        (6) provide the court with the required reports under section 2of this chapter; and
        (7) perform any other responsibilities required by the court.
    (b) A volunteer advocates for seniors program or a volunteeradvocates for incapacitated adults program has the duties of theguardian of a minor listed in IC 29-3-8-1 and IC 29-3-8-3.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.4;P.L.72-2010, SEC.7.

IC 29-3-8.5-4
Actions a volunteer advocate for seniors or a volunteer advocatefor incapacitated adults may take
    Sec. 4. (a) A volunteer advocates for seniors program or avolunteer advocates for incapacitated adults program may:
        (1) consent to medical and other professional care and treatmentfor the incapacitated person's or senior's health and welfare;
        (2) secure the appointment of a guardian or coguardian inanother state;
        (3) take custody of the incapacitated person or senior andestablish the incapacitated person's 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 tocompel the performance by any person of a duty to support theincapacitated person's or senior's health or welfare;
        (5) protect and preserve the property of the incapacitated personor senior and preserve any property in excess of theincapacitated person's or senior's current needs; and
        (6) delegate to the incapacitated person or senior certainresponsibilities for decisions affecting the incapacitatedperson's or senior's business affairs and well-being.
    (b) A volunteer advocates for seniors program or a volunteeradvocates for incapacitated adults program may exercise the powersof a guardian of a minor listed in IC 29-3-8-2 and IC 29-3-8-4.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.5;P.L.72-2010, SEC.8.

IC 29-3-8.5-5
Term of appointment
    Sec. 5. (a) If a court appoints a volunteer advocates for seniorsprogram or a volunteer advocates for incapacitated adults program,the initial appointment shall be for a period of ninety (90) days.
    (b) After the initial ninety (90) day period, the court may, uponpetition by the volunteer advocates for seniors program or volunteeradvocates for incapacitated adults program or upon the court's ownmotion, extend the appointment for a period as determined by thecourt to be necessary to protect the best interests and property of theincapacitated person or senior.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.6;P.L.72-2010, SEC.9.

IC 29-3-8.5-6
Officer of the court
    Sec. 6. A volunteer advocates for seniors program or a volunteeradvocates for incapacitated adults program is considered an officerof the court for the purpose of representing the interests of anincapacitated person or senior.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.7;P.L.72-2010, SEC.10.

IC 29-3-8.5-7
Attorney appointment
    Sec. 7. The court may appoint an attorney to represent a volunteeradvocate for seniors or a volunteer advocate for incapacitated adults.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.8.

IC 29-3-8.5-8
Civil immunity
    Sec. 8. Except for gross misconduct:
        (1) a volunteer advocate for seniors program or a volunteeradvocate for incapacitated adults program that;        (2) an employee of a volunteer advocates for seniors programor a volunteer advocate for incapacitated adults program who;or
        (3) a volunteer for a volunteer advocates for seniors program ora volunteer advocate for incapacitated adults program who;
performs duties in good faith is immune from any civil liabilityresulting from the program's, employee's, or volunteer's performance.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.9.

IC 29-3-8.5-9
Authorization to consent to or refuse health care
    Sec. 9. A volunteer advocates for seniors program or a volunteeradvocates for incapacitated adults program under this chapter is notauthorized to consent to or refuse health care (as defined inIC 16-36-1-1) for an individual if:
        (1) a spouse, a parent, an adult child, or an adult sibling of theindividual or the individual's religious superior, if the individualis a member of a religious order, is available, capable, andsuitable to consent to or refuse the health care on behalf of theindividual; 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.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.10;P.L.72-2010, SEC.11.

IC 29-3-8.5-9.5
Application of responsibilities and powers of guardians
    Sec. 9.5. IC 29-3-8-5 through IC 29-3-8-8 apply to a volunteeradvocates for seniors program or a volunteer advocates forincapacitated adults program under this chapter.
As added by P.L.72-2010, SEC.12.

IC 29-3-8.5-10
Petitions for reasonable compensation
    Sec. 10. (a) A volunteer advocates for seniors program or avolunteer advocates for incapacitated adults program may petitionthe court for reasonable compensation for services provided or forexpenditures made in good faith on behalf of the incapacitated adultor senior.
    (b) A court may grant reasonable compensation or expenditurereimbursement to a volunteer advocates for seniors program or avolunteer advocates for incapacitated adults program upon the court'sown motion.
As added by P.L.72-2010, SEC.13.

IC 29-3-8.5-11 Joint or multiple county programs
    Sec. 11. (a) Courts with probate jurisdiction that are located inadjacent counties may establish joint or multiple county volunteeradvocates for seniors programs or volunteer advocates forincapacitated adults programs.
    (b) Courts with probate jurisdiction may contract with an Indiananonprofit or municipal corporation to provide volunteer advocatesfor seniors programs or volunteer advocates for incapacitated adultsprograms.
As added by P.L.72-2010, SEC.14.

IC 29-3-8.5-12
Programs of nonprofit corporations
    Sec. 12. (a) A volunteer advocates for seniors program orvolunteer advocates for incapacitated adults program that is aprogram of an Indiana nonprofit corporation must establish policiesand procedures to avoid a conflict of interest if the nonprofitcorporation is also a provider of other necessary services to theincapacitated individual.
    (b) A volunteer advocates for seniors program or volunteeradvocates for incapacitated adults program to which subsection (a)applies shall advise the court of the policies and proceduresestablished to avoid a conflict of interest in the petition to the courtfor guardianship of the incapacitated individual.
As added by P.L.72-2010, SEC.15.