"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. (1) are maintained by a health care provider in the course of examining, evaluating, or treating an adult individual;

2. (2) are relevant to the:

   1. (A) health, physical, or mental condition of the adult individual;
   2. (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
   3. (C) individual's ability to benefit from or use less restrictive alternatives to guardianship under IC 29-3-5 ; and
3. (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.

As added by P.L.38-2023, SEC.11.