Sec. 4.1. (a) After notice to interested persons and upon authorization of a court, a guardian may access:
(1) the content of an electronic communication;
(2) a catalogue of electronic communications; or
(3) any other digital asset;
of a protected person as provided in the order of the court. The court's authorization may apply generally or be restricted in scope.
(b) Before approving a guardian's exercise of the power to access an item described in subsection (a)(1) through (a)(3), the court shall consider primarily the decision that the protected person would have made, to the extent that the decision the protected person would have made can be ascertained.
As added by P.L.137-2016, SEC.7.
Structure Indiana Code
Article 3. Guardianships and Protective Proceedings
Chapter 9. Matters Other Than Appointment
29-3-9-1. Delegation of Powers by Executed Power of Attorney; Limitations
29-3-9-2. Change in Physical Presence of Protected Person
29-3-9-3. Compensation and Reimbursement of Guardian
29-3-9-4.1. Guardian Access to Protected Person's Digital Assets Upon Authorization of Court
29-3-9-5. Inventory of Guardianship Property
29-3-9-6.5. Accounting Standards and Procedures
29-3-9-7. Compromise of Claim; Petition to Court; Settlement; Access to Confidential Exhibits
29-3-9-8. Supplementary Orders
29-3-9-9. Expenses of Proceedings
29-3-9-10. Attorney of Record for Guardian
29-3-9-11. Investigation and Report Concerning Minor or Protected Person