For purposes of this chapter, the following persons are incapacitated persons:
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(1) Persons under age eighteen (18) whose disabilities have not been removed;
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(2) Persons who are detained or confined by a foreign power or who have disappeared; and
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(3) Persons under age twenty-one (21) who:
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(A) Have reached eighteen (18) years of age;
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(B) Have a current guardianship established based solely on the minority age of the person;
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(C) Agree to allow the current guardianship to continue up to twenty-one (21) years of age; and
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(D) Receive a guardianship subsidy paid for or approved by the Department of Human Services.
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