Ind. Code § 12-26-2-5

Representation by counsel; appointment; proof required by petitioner

As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993, SEC.152; P.L.2-1995, SEC.60; P.L.6-1995, SEC.21; P.L.256-1999, SEC.2; P.L.14-2000, SEC.33; P.L.1-2007, SEC.126.
  1. (a) This section applies under the following statutes:

    1. (1) IC 12-26-6 .
    2. (2) IC 12-26-7 .
    3. (3) IC 12-26-12 .
    4. (4) IC 12-26-15 .
  2. (b) A petitioner may be represented by counsel.
  3. (c) The court may appoint counsel for a petitioner upon a showing of the petitioner's indigency and the court shall pay for such counsel if appointed.
  4. (d) A petitioner, including a petitioner who is a health care provider under IC 16-18-2-295 (b), in the petitioner's individual capacity or as a corporation is not required to be represented by counsel. If a petitioner who is a corporation elects not to be represented by counsel, the individual representing the corporation at the commitment hearing must present the court with written authorization from:

    1. (1) an officer;
    2. (2) a director;
    3. (3) a principal; or
    4. (4) a manager;

      of the corporation that authorizes the individual to represent the interest of the corporation in the proceedings.

  5. (e) The petitioner is required to prove by clear and convincing evidence that:

    1. (1) the individual is mentally ill and either dangerous or gravely disabled; and
    2. (2) detention or commitment of that individual is appropriate.

      [Pre-1992 Revision Citation: 16-14-9.1-9(g).]

As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993, SEC.152; P.L.2-1995, SEC.60; P.L.6-1995, SEC.21; P.L.256-1999, SEC.2; P.L.14-2000, SEC.33; P.L.1-2007, SEC.126.

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