(a) This section applies in all suits by or against any person adjudged to be a mentally incompetent person or against the mentally incompetent person's guardian:
- (1) founded upon any contract with, or demand against the protected person;
- (2) to obtain possession of the real or personal property of the protected person; or
- (3) to affect the protected person's property in any manner.
- (b) Except as provided in subsection (c), neither party to the transaction is a competent witness to any matter that occurred before the appointment of the incompetent person's guardian.
- (c) If the party to the transaction who is under guardianship is adjudged by the court to be competent to testify, the other party to the suit shall not be excluded.
- (d) This section does not apply to a contract made or transaction had before February 27, 1903.
(e) Either party to a suit under this section has the right to call and examine an adverse party as a witness. The court may require a party to a suit or other person to testify. An abuse of discretion under this subsection is reviewable on appeal.
[Pre-1998 Recodification Citation: 34-2-20-1.]
As added by P.L.1-1998, SEC.41.