Indiana Code 29-3-8.5  

Indiana Code 29-3-8.5 (HEA 1178) allows for the creation of Adult Guardianship & Advocacy Program (AGAP), and provides that the Probate Courts may appoint trained and supervised AGAP volunteers to serve as limited guardians for incapacitated or protected elderly who are at-risk seniors in Indiana. HEA 1178 passed the 2004 General Assembly unanimously and was signed by Governor Kernan. The statute took effect on July 1, 2004 . It includes the following provisions:

•  Defines an AGAP volunteer, as a volunteer who has completed a limited guardian training program approved by a court, is supervised by an AGAP Program Coordinator, and who is appointed by a court to serve as a limited guardian for an incapacitated or protected person who is at least 55 years of age.

•  Allows courts to appoint Family Services, Inc. AGAP in Probate proceedings for incapacitated elderly above the age of 55 years of age.

•  Limits the appointment of an AGAP Volunteer Guardian to a 60 day time period unless otherwise ordered by the court.

•  Requires the AGAP Volunteer Guardian to submit to the court a 15-day Progress Report and a 60-day Final Report on the case to which he or she is appointed.

•  Defines the limited roles and duties an AGAP Volunteer may be assigned by a court, including health care, social services and residential placement decision-making on behalf of the incapacitated or protected person. *Note the Volunteer Guardian may access information regarding an individual's assets, but is not granted authority or control over the incapacitated or protected individual's assets without specific court approval of the need .

•  Provides that the AGAP Volunteer Guardian is considered an officer of the court.

•  Provides that a court may appoint an attorney to represent the Adult Guardianship & Advocacy Program.

•  Grants that, except for gross misconduct, the Adult Guardianship & Advocacy Program volunteers, program and the program's employees are immune from any civil liability resulting from performance of their duties. *Note that this is the same good faith immunity that Indiana Code grants to volunteers, programs and program employees that serve abused and neglected children as Court Appointed Special Advocates and Guardians ad Litem in Children In Need of Services cases in Indiana .

Volunteer Qualifications
Indiana Code 29-3-8.5
Link to Volunteer Application (PDF) Volunteer Training Calendar (PDF)