Indiana

Indiana

Overview

Indiana enacted supported decision-making legislation in 2017, 2019, and 2021. There are no new supported decision-making bills pending. There is case law that specifically recognizes supported decision-making as a less restrictive alternative to guardianship.

Guardianship Laws

Ind. Code Ann. §§ 12-10-7-1 to -9; 29-3-1-1to 13-3; 29-3.5-1-1 to 5-3

Supported Decision-Making

Supported Decision-Making Statute

  • Ind. Code §§ 29-3-14 (2019).
    • Link to § 29-3-14: https://184.175.130.101/legislative/laws/2020/ic/titles/029#29-3-14
    • Link to Enacted Bill: iga.in.gov/legislative/2019/bills/senate/380#document-9a71c4bf

State Legislation

  • S.B. 380, 121st Gen. Assem. 1st Sess. (Ind. 2019)
    • Description: Codifies Supported Decision-Making and recognizes SDM Agreements
    • Status: Effective July 1, 2019
    • Public Link [iga.in.gov/legislative/2019/bills/senate/380#document-9a71c4bf]
  • S. Res. 44, 120th Gen. Assemb., 1st Reg. Sess. (Ind. 2017)
    • Description: Urges the legislative counsel to assign to the appropriate study committee the topic of SDM as an alternative option to adult guardianship in probate courts.
    • Status: Adopted.  Passed Senate 4/18/17
    • Public Link [iga.in.gov/legislative/2017/resolutions/senate/simple/44]
  • H.B. 1255, Reg. Sess.
    • Description: Amends existing SDMA statute to require that it be signed in the presence of a notary.
    • Status: Enrolled, 03/24/2021.
    • Public Link   [http://iga.in.gov/legislative/2021/bills/house/1255/#document-2cf7f99a ]
  • I.C. 29-3-14-7 (Effective April 29, 2021)
    • Description: Establishes the requirements for supported decision making agreements in the State of Indiana
    • Public Link [http://iga.in.gov/legislative/laws/2021/ic/titles/029#29-3-14-7]

None found

Case Law & Court Orders

State Grant Programs

  • 2018/2019 State Grantee: Indiana Disability Rights (https://www.in.gov/idr/)
    • Summary: Indiana Disability Rights (IDR) developed a multi-media educational strategy focused on Supported Decision-Making and alternatives to guardianship.  IDR’s goal was to provide Indiana-specific resources that are credible and easily accessible, so that people will begin to understand the many options available. The campaign started with an Indiana-specific website, maintained and hosted by IDR, specifically for SDM and associated resources. IDR developed the following materials: (1) accessible videos approximately 4 to 5 minutes long addressing topics including “What is Guardianship,” “Alternatives to Guardianship,” and “Personal Stories/SDM Success Stories; (2) links to forms, practice tips, and resources for attorneys; (3) links to planning documents, and resources for families, educators, and people with disabilities; and (4) online form submission for people to request presentations or referrals to providers or organizations who are knowledgeable about SDM and other alternatives.   This project was also being supported by the Indiana Governor’s Council for People with Disabilities
    • Indiana Disability Rights Final Report
    • SDM Website: http://indianasdm.org/ or https://www.in.gov/idr/2677.htm
    • Contact: Melissa Keyes, Executive Director, Indiana Disability Rights, mkeyes@indianadisabilityrights.org, 317-722-3463
  • 2015/2016 Grantee: The Arc Indiana (https://www.arcind.org/)
    • Summary: The Indiana state program grantee conducted training sessions across the state to increase knowledge and acceptance of Supported Decision-Making. The grantee also collaborated with the Maine grantee to share information and material to maximize the efficiency and reach of their work. Additionally, the grantee conducted an in-depth research project designed to identify (1) policies, and practices that affect or involve Supported Decision-Making in Indiana; and (2) policies, and practices in other states that affect or involve Supported Decision-Making. The result of this research was a report analyzing the policy and practice “landscape” as it involves Supported Decision-Making, focusing on barriers to greater acceptance and adoption of Supported Decision-Making, and recommendations to increase knowledge and use of Supported Decision-Making. Derek Morris, J.D., of the National Resource Center’s Indiana grantee. wrote an article “Guardianship, Civil Rights, and the Case for a Less Restrictive Alternative,” that will be submitted for publication
    • Final Report
    • The Arc Indiana Supported Decision-Making Website [www.arcind.org/future-planning/supported-decision-making]

Other Resources

Information Last Updated: July 21, 2022