Sec. 21. If an alleged endangered adult does not or is unable to consent to the receipt of protective services arranged by the division or the adult protective services unit or withdraws consent previously given, the adult protective services unit, either directly or through the prosecuting attorney‘s office in the county in which the endangered adult resides, may petition the court to require the alleged endangered adult to receive protective services. Any person upon consent of the adult protective services unit, may petition the court to require the alleged endangered adult to receive protective services. The petition must be under oath or affirmation and must include the following:

(1) The name, age, and residence of the alleged endangered adult who is to receive protective services.

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Terms Used In Indiana Code 12-10-3-21

  • adult protective services unit: refers to the entity with whom the division contracts to carry out the duties listed in section 8 of this chapter. See Indiana Code 12-10-3-1
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • endangered adult: means an individual who is:

    Indiana Code 12-10-3-2

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • protective services: refers to available medical, psychiatric, residential, and social services that are necessary to protect the health or safety of an endangered adult. See Indiana Code 12-10-3-5
(2) The nature of the problem or reason for the filing of the petition for protective order.

(3) The name and address of the petitioner and the name and address of the person or organization that may be required to complete the court ordered protective services. If the petitioner is an organization, the petition must contain information concerning the title and authority of the individual filing on behalf of that organization.

(4) Certification that:

(A) notice of the petition has been given to the alleged endangered adult, the alleged endangered adult’s attorney, if any, or the alleged endangered adult’s next of kin or guardian, if any; and

(B) section 21.5 of this chapter regarding notice to the alleged endangered adult’s next of kin has been complied with.

If notice has not been given, a description of the attempts to give notice shall be given.

(5) The name and address of the individuals most closely related by blood or marriage to the alleged endangered adult, if known.

(6) A description of the proposed protective services to be provided.

(7) A statement that the adult protective services unit has been notified and consented to the petition if the petitioner is not the adult protective services unit.

[Pre-1992 Revision Citation: 4-28-5-11(d).]

As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.4; P.L.272-1999, SEC.28.

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