Sec. 9.5. "Medical evidence of capacity or incapacity", for purposes of IC 29-3-4-1.5 , means any evidence that is relevant to determine a person's capacity or incapacity. The term includes admissible written and electronic medical records that: (1) are maintained by a health care provider in the course of examining, evaluating, or treating an adult individual; (2) are relevant to the: (A) health, physical, or mental condition of the adult individual; (B) ability or capacity of the adult individual to make and carry out decisions to provide for the individual's own self-care or management of the individual's property; or (C) individual's ability to benefit from or use less restrictive alternatives to guardianship under IC 29-3-5 ; and (3) may be admissible as evidence in a hearing held under IC 29-3-4-1.5 if authenticated and identified as a business record or presented in sworn testimony by a licensed health care provider.
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