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Indiana Gov & Administrative Law Questions & Answers
2 Answers | Asked in Gov & Administrative Law, Civil Rights and Personal Injury for Indiana on
Q: Can a hospital hold my husband based on incorrect records from over a year ago?

My husband voluntarily went to Bloomington Meadows Psychiatric Hospital on April 22, 2025, to adjust his medications. He signed an AMA on Wednesday, but they are holding him until Monday, citing incorrect records from IU Health Morgan ER related to an incident from November 2023. Despite providing... View More

Charles Candiano
Charles Candiano
answered on Apr 26, 2025

With all due respect, that doesn't make any sense. If your husband wanted or needed to "adjust" his psychotropic medication, he could have and should have contacted the prescribing physician, NOT check himself into a psychiatric hospital if he did not want to be admitted. Once... View More

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3 Answers | Asked in Gov & Administrative Law, Civil Litigation and Personal Injury for Indiana on
Q: Should I ask for more compensation in my Tort Claim against the city for sewer damage?

I live in a town where the city neglected the sewer main by my house, causing sewage to flood into my finished basement. A plumber confirmed that the issue was solely the city's responsibility, and the city was fixing the problem in a neighbor's yard when the plumber verified with them... View More

Charles Candiano
Charles Candiano
answered on Mar 19, 2025

I disagree with your strategy. A far better course of action is to file a claim with your insurance company. If the insurance company wants to pursue a claim against the City of Hobart, that is their prerogative. BE CAREFUL!!! you cannot sue a municipal entity unless you file a tort claims... View More

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3 Answers | Asked in Gov & Administrative Law, Civil Litigation and Personal Injury for Indiana on
Q: Should I ask for more compensation in my Tort Claim against the city for sewer damage?

I live in a town where the city neglected the sewer main by my house, causing sewage to flood into my finished basement. A plumber confirmed that the issue was solely the city's responsibility, and the city was fixing the problem in a neighbor's yard when the plumber verified with them... View More

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2025

My colleague raises excellent points. You may want to discuss this with local attorneys to help you make the best decision. As between pursuing through your insurance or a municipality, while both present their share of challenges, city-based claims are often more difficult. Also be mindful of the... View More

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Q: If a cop pulls you over can they take your car if they think the car bought with money from drugs?

I know that if you have money or a possession, a cop can take it if they think it came from drugs, even if there's no proof you've ever come in contact with them. They can take your possessions without due process. just wondering

Charles Candiano
Charles Candiano
answered on Sep 20, 2024

The police can "seize" property if there is probable cause that the property was acquired with money from the sale of drugs or if the property was used in the sale of drugs but the police cannot "take" the property. You still own it. If the prosecuting attorney determines... View More

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2 Answers | Asked in Family Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Indiana on
Q: My soon to be daughter in law's mother refuses to hand over her birth certificate. She was born in a different state.

She moved out of an abusive home as soon as she turned 18, less than a year ago. My son and her are expecting their first child and she needs her birth certificate in order to get state health insurance for prenatal care. Her abusive mother refuses to turn over her birth certificate, and it's... View More

James L. Arrasmith
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answered on Jun 21, 2024

1. Obtaining a birth certificate from another state:

- Most states allow individuals to request their own birth certificates online, by mail, or in person at the vital records office.

- She doesn't need her mother's permission to obtain her own birth certificate, as...
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1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Indiana on
Q: I got a ticket for a suspended license officer wrote previous owners info on ticket, can they charge me after the fact

I bought my truck from an individual seller and I got pulled over before I got it registered and I have a suspended license, the officer wrote a ticket for the suspended license but put all the previous owners information on the ticket and not of my information, can they go back and charge me with... View More

Joel D. Hand
Joel D. Hand
answered on Mar 4, 2024

Yes. The ticket itself is not the actual charge until it is reviewed and filed by the prosecutor's office. The prosecutor's office may catch the difference and file the charge correctly. Even if they don't, the prosecutor has the ability to dismiss and re-file the charge with the... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Indiana on
Q: As an out of state resident, can a person 18-21 privately purchase and apply for a CCW for a handgun?
James L. Arrasmith
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answered on Jan 18, 2024

Unfortunately, based on Indiana law, it does not appear that an 18-21 year old non-resident would be able to privately purchase a handgun or obtain an Indiana concealed carry permit. Here are the key reasons:

• Private handgun purchases - Federal law prohibits federally licensed firearms...
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1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Gov & Administrative Law for Indiana on
Q: IN Law: Is a school that’s been abandoned 10+ years still considered “school property” ?
T. Augustus Claus
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answered on Dec 28, 2023

In Indiana, the status of a property as "school property" is typically determined by its legal designation and ownership, rather than its current use. If a school has been officially abandoned and is no longer owned or maintained by an educational institution, it may no longer be... View More

1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: if i was referred to a company to install a grease trap but my license was expired am i in trouble

i was an apprentice with assistance from a licensed journeyman

James L. Arrasmith
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answered on Dec 21, 2023

In Indiana, working on a project like installing a grease trap typically requires a valid license. If your license was expired at the time of the job, this could potentially be a problem, especially if licensing is a legal requirement for the work performed.

However, since you mentioned you...
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1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: what if i was referred to a business to install a grease trap but my plumbing license was expired

i was an apprentice with the help of a licensed journeyman

James L. Arrasmith
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answered on Dec 21, 2023

In Indiana, performing plumbing work without a valid license can lead to legal and professional consequences. It's essential to ensure your license is current before undertaking any plumbing projects, especially ones like installing a grease trap which require specific expertise.

If...
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1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: I purchased a vehicle through an auction with an abandonedvehicle titlepacket for IndianaBMVafter 3 attempts i need help

I have sent in my packet 3 times and every time they find a separate issue with my forms. They are now saying i need a form that requires the auctioneer along with tow company and my info and signatures to be re filled out. I don't have the contact info for these entities. Can I have a lawyer... View More

James L. Arrasmith
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answered on Dec 2, 2023

Dealing with title issues for a vehicle purchased at auction can be complex, but there are steps you can take to resolve this. First, try to obtain the contact information for the auctioneer and the tow company. This information might be available through the auction house or any documentation you... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for Indiana on
Q: will i be required to pay a fee by letting my son put a trailer or mobile home on my propriety ?
James L. Arrasmith
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answered on Dec 4, 2023

In Fort Wayne, Indiana, if you're considering allowing your son to place a trailer or mobile home on your property, there are several factors to consider regarding potential fees. First, it's important to check the local zoning ordinances. These rules determine what types of structures... View More

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1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: What court for judicial review of BMV registration refund denial?

I believe the Bureau of Motor Vehicles owes me a refund for a registration overpayment of $1260. I requested a refund, but they denied it, stating that no evidence supports my claim, even though I have plenty of evidence. This overpayment was made approximately eight months ago, and I am confused... View More

James L. Arrasmith
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answered on Jun 12, 2025

You're not alone in dealing with issues like this—state agencies can be frustrating, especially when they deny a refund even when you’ve provided clear documentation. When the Bureau of Motor Vehicles denies a refund, and you want to challenge that decision, you generally need to pursue... View More

1 Answer | Asked in Gov & Administrative Law, Civil Litigation and Employment Law for Indiana on
Q: Can I challenge my mother's guardianship over me as an adult in Indiana?

I am 42 years old, have been married for 12 years, and I have Bipolar Disorder. My mother claims to have had guardianship over me since I was 18, but she forces me to sign legal papers. She is also bipolar, abuses alcohol and drugs, and often interferes in my life. She presented a document that... View More

James L. Arrasmith
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answered on Jun 12, 2025

It sounds like you're dealing with a complicated and challenging situation regarding guardianship. In Indiana, adults typically do not have guardianships imposed on them unless a court finds that they are unable to make their own decisions due to mental incapacity. Since you’re an adult,... View More

1 Answer | Asked in Child Custody, Civil Litigation, Gov & Administrative Law and Family Law for Indiana on
Q: How can I request a new hearing/modify supervised visits due to health issues?

I was ordered to have supervised visits with my two kids because I missed a court date due to being hospitalized. I've tried setting up the visits, but there are no nearby locations providing this service that work for my ex-husband. I missed the original court date a year ago as I was... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have strong grounds to request a new hearing to modify your supervised visitation order given your medical emergency and documentation. Courts recognize medical emergencies as valid "excusable neglect" for missing court dates, especially when you have proper documentation. Start by... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Indiana on
Q: Duration of impound lot holding a stolen car in Indiana.

I recently discovered that my car was stolen, and the driver was arrested while driving it. The car has been held in an Indiana impound lot for two weeks now. I have not reported it stolen before it was towed, and there are no fees or paperwork given to me by the impound lot. How long can the... View More

James L. Arrasmith
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answered on Jun 12, 2025

I’m sorry you’re dealing with this—it’s already hard enough to have your car stolen, and now you’re stuck with it sitting in an impound lot. In Indiana, impound lots are allowed to hold vehicles for a limited time, but they must make reasonable efforts to notify the registered owner. Once... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Gaming for Indiana on
Q: Unwarranted hotel room search in Indiana - evidence exclusion

I was arrested on a casino boat in Ohio County, Indiana, for receiving stolen property. The police searched my rented hotel room without my presence, permission, or a warrant. There were no witnesses to the search, and I haven't received any documents regarding the search or the evidence... View More

James L. Arrasmith
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answered on Jun 12, 2025

That kind of situation can be deeply unsettling, especially when you were arrested in one place and found out your private space was searched in another without your knowledge. In Indiana, as in the rest of the country, hotel rooms are protected under the Fourth Amendment, meaning police typically... View More

1 Answer | Asked in Estate Planning and Gov & Administrative Law for Indiana on
Q: Notary's role in POA in Indiana: Spouse of beneficiary concerns.

I'm drafting a General, Durable, and Health Power of Attorney in Indiana, and I understand it should be witnessed by at least one, preferably two witnesses, ideally signed and notarized. The witnesses should not be direct beneficiaries of the principal’s estate or spouses of beneficiaries.... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're asking a very important question, and it’s great that you’re thinking ahead to avoid any complications. In Indiana, the notary's job is to verify the identity of the person signing the Power of Attorney and ensure they are signing willingly and with full understanding. The... View More

Q: Seeking legal advice on stormwater flooding damages in Palmyra, IN.

The Town of Palmyra, Indiana is discharging stormwater onto our property, leading to severe flooding with five feet of water surrounding our building. Despite persistent issues with stormwater discharge, this is the first flooding incident of such magnitude that required disconnecting electricity... View More

Charles Candiano
Charles Candiano
answered on Jun 9, 2025

Why did your insurance deny coverage for the damage? Unless you purchased business interruption insurance, your lost income isn't covered. When did you purchase the property? Does the Town own an easement on the property for dumping wastewater? Do you receive a tax incentive for allowing... View More

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1 Answer | Asked in Collections and Gov & Administrative Law for Indiana on
Q: Are there exceptions to Indiana's 6-year statute of limitations on medical debt?

I am being sued for a medical debt that was incurred in Indiana over 10 years ago. I have read that the statute of limitations for medical debt collection in Indiana is 6 years. Are there any exceptions or tolling provisions that might apply in my situation, allowing for this lawsuit to proceed... View More

James L. Arrasmith
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answered on Jun 7, 2025

You’re right that Indiana has a 6-year statute of limitations for written contracts, which typically includes medical debt. That means creditors usually have six years from the date of default to sue for collection. If more than six years have passed, and no exceptions apply, the case could be... View More

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