Under Indiana law, a patient's mental health record is confidential and can be disclosed only with the consent of the patient, unless there is another law that allows for disclosure. In a legal case, a party may try to obtain mental health records through a discovery request, e.g. a subpoena. However, Indiana law does not allow the disclosure of mental health records through typical discovery requests. Instead, a party must file a petition with the court and make an argument that the records should be disclosed. The judge must hold a hearing to determine if the records should be released. The judge may order the release of the mental health records only if the judge finds that: (1) other reasonable methods of obtaining the information are not available or would not be effective; and (2) the need for the disclosure outweighs the potential harm to the patient. When the court is considering the need for disclosure, the judge assesses whether the mental health records are re...

In Indiana, a parent can make a designation of standby guardian and name someone who they want to serve as their child’s caretaker. See Indiana Code 29-3-3-7. Usually, the parent makes this designation as part of their estate planning process. Depending on the wording of the document, the designation will become effective after the parent dies or becomes incapacitated.                But, simply making the designation is not enough. The designated guardian needs to file a petition for guardianship within 90 days after the designation becomes effective, i.e. the parent passes away.  After the petition is filed, it is up to the court to determine whether the designated person is an appropriate guardian for the children. That said, the court usually abides by the designation of the parent, unless there is good cause not to allow the designated person to serve as a guardian. See Indiana Code 29-3-5-4 , -5. An example of good cause is if the...

  When someone dies without a will, they are said to have died “ intestate .”  Indiana has a set of laws that controls what happens to someone’s estate, called “intestacy statutes.” The primary statute that governs intestate succession is Indiana Code § 29-1-2-1 (the “intestacy statute”). The intestacy statute has a lot of variability and nuance, so the following is not a definitive explanation of what may happen in your situation. That said, here are some examples of what might happen if someone dies intestate. If someone dies with a spouse, no children, but they have surviving parents  >  Their spouse gets 3/4 of the estate, and their parents get the remaining 1/4 of the estate.   If someone dies without a spouse, children, or siblings, but they have surviving parents   >  Their parents inherit everything.   If someone dies without a spouse or children, but they have two parents and three siblings  >  Their parents would ea...