IC 12-10-7-1 "Incapacitated individual" defined
Sec. 1. As used in this chapter, "incapacitated individual" means
an 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 the
individual, or other disability (as that term is used in
IC 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 an
individual 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 one
hundred twenty-five percent (125%) of the federal income
poverty level as determined annually by the federal Office of
Management and Budget under 42 U.S.C. 9902; or
(B) demonstrates the inability to obtain privately provided
guardianship 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 regional
guardianship 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 provision
region 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 to
provide services within the limits of available funding for indigent
incapacitated 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 statewide
basis. 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 under
IC 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 provision
of the guardianship services required in each region with a nonprofit
corporation that is:
(1) qualified to receive tax deductible contributions under
Section 170 of the Internal Revenue Code; and
(2) located in the region.
(b) The division shall establish qualifications to determine eligible
providers in each region.
(c) Each contract between the division and a provider must
specify a method for the following:
(1) The establishment of a guardianship committee within the
provider, serving under the provider's board of directors.
(2) The provision of money and services by the provider in an
amount equal to at least twenty-five percent (25%) of the total
amount of the contract and the provision by the division of the
remaining amount of the contract. The division shall establish
guidelines to determine the value of services provided under
this subdivision.
(3) The establishment of procedures to avoid a conflict of
interest for the provider in providing necessary services to each
incapacitated individual.
(4) The identification and evaluation of indigent adults in need
of guardianship services.
(5) The adoption of individualized service plans to provide the
least restrictive type of guardianship or related services for each
incapacitated 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 the
guardianship.
(8) The training and supervision of paid and volunteer staff.
(9) The establishment of other procedures and programs
required 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 adult
guardianship services program by an independent certified public
accountant.
(b) The results of the audit required under subsection (a) must be
submitted 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.
IC 12-10-7-1 "Incapacitated individual" defined
Sec. 1. As used in this chapter, "incapacitated individual" means
an 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 the
individual, or other disability (as that term is used in
IC 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 an
individual 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 one
hundred twenty-five percent (125%) of the federal income
poverty level as determined annually by the federal Office of
Management and Budget under 42 U.S.C. 9902; or
(B) demonstrates the inability to obtain privately provided
guardianship 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 regional
guardianship 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 provision
region 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 to
provide services within the limits of available funding for indigent
incapacitated 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 statewide
basis. 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 under
IC 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 provision
of the guardianship services required in each region with a nonprofit
corporation that is:
(1) qualified to receive tax deductible contributions under
Section 170 of the Internal Revenue Code; and
(2) located in the region.
(b) The division shall establish qualifications to determine eligible
providers in each region.
(c) Each contract between the division and a provider must
specify a method for the following:
(1) The establishment of a guardianship committee within the
provider, serving under the provider's board of directors.
(2) The provision of money and services by the provider in an
amount equal to at least twenty-five percent (25%) of the total
amount of the contract and the provision by the division of the
remaining amount of the contract. The division shall establish
guidelines to determine the value of services provided under
this subdivision.
(3) The establishment of procedures to avoid a conflict of
interest for the provider in providing necessary services to each
incapacitated individual.
(4) The identification and evaluation of indigent adults in need
of guardianship services.
(5) The adoption of individualized service plans to provide the
least restrictive type of guardianship or related services for each
incapacitated 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 the
guardianship.
(8) The training and supervision of paid and volunteer staff.
(9) The establishment of other procedures and programs
required 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 adult
guardianship services program by an independent certified public
accountant.
(b) The results of the audit required under subsection (a) must be
submitted 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.
IC 12-10-7-1 "Incapacitated individual" defined
Sec. 1. As used in this chapter, "incapacitated individual" means
an 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 the
individual, or other disability (as that term is used in
IC 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 an
individual 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 one
hundred twenty-five percent (125%) of the federal income
poverty level as determined annually by the federal Office of
Management and Budget under 42 U.S.C. 9902; or
(B) demonstrates the inability to obtain privately provided
guardianship 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 regional
guardianship 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 provision
region 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 to
provide services within the limits of available funding for indigent
incapacitated 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 statewide
basis. 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 under
IC 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 provision
of the guardianship services required in each region with a nonprofit
corporation that is:
(1) qualified to receive tax deductible contributions under
Section 170 of the Internal Revenue Code; and
(2) located in the region.
(b) The division shall establish qualifications to determine eligible
providers in each region.
(c) Each contract between the division and a provider must
specify a method for the following:
(1) The establishment of a guardianship committee within the
provider, serving under the provider's board of directors.
(2) The provision of money and services by the provider in an
amount equal to at least twenty-five percent (25%) of the total
amount of the contract and the provision by the division of the
remaining amount of the contract. The division shall establish
guidelines to determine the value of services provided under
this subdivision.
(3) The establishment of procedures to avoid a conflict of
interest for the provider in providing necessary services to each
incapacitated individual.
(4) The identification and evaluation of indigent adults in need
of guardianship services.
(5) The adoption of individualized service plans to provide the
least restrictive type of guardianship or related services for each
incapacitated 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 the
guardianship.
(8) The training and supervision of paid and volunteer staff.
(9) The establishment of other procedures and programs
required 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 adult
guardianship services program by an independent certified public
accountant.
(b) The results of the audit required under subsection (a) must be
submitted 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.
