Indiana Temporary Guardianship Agreement
Indiana uses a parent-signed power of attorney, capped at 12 months with limited exceptions.
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Introduction
A parental power of attorney under Ind. Code 29-3-9-1 lets a parent delegate parental powers to an attorney in fact. The parent signs before a notary public or witnesses; the caregiver need not sign. It is not a court guardianship.
Key Things to Know
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The Indiana instrument is a power of attorney delegating parental powers under Ind. Code 29-3-9-1. The parent signs it and names another person as attorney in fact. The statute does not require the caregiver to sign.
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The delegation may run for a period not exceeding 12 months. A parent on active duty may delegate for longer, but the term may not exceed the term of active duty plus 30 days, and the instrument must say the parent is required to enter or serve in active military service and give the estimated beginning and ending dates. The statute says nothing on renewal. It also allows delegation for any period during which the child's care and custody is entrusted to an institution furnishing care, custody, education, or training.
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Under Ind. Code 30-5-4-1, the parent signs, or directs another to sign, in the presence of a notary public or in the presence of witnesses described in Ind. Code 30-5-4-1.3, 1.5, 1.7 and 1.9. A notary is not the only option. Ind. Code 29-3-9-1 does not say whether one or both parents must sign, and it does not give a filing step or a notice duty to the other parent.
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The delegation is effective immediately unless the instrument says otherwise. The attorney in fact may exercise the parent's authority over the health care, support, custody and property of the minor, except what the instrument expressly excludes. Health care powers are subject to Ind. Code 30-5-5-16. Consent to the marriage or adoption of a protected person who is a minor cannot be delegated.
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The statute does not name school enrollment, and this page does not promise that any school, doctor or agency must accept the document. The parent stays responsible for the caregiver's acts as though the power of attorney had never been executed, and the delegation does not make the child a foster care placement. A parent, adult sibling or grandparent may separately consent to a minor's health care in listed circumstances under Ind. Code 16-36-1-5(b).
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The parent can revoke at any time by a written instrument of revocation that identifies the power of attorney and is signed by the parent, unless the power of attorney states otherwise. The statute says 'another person' may be named and states no relative requirement or minimum age. This is not a court guardianship: it does not terminate or reduce parental rights, and it is not permanent.
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If this document does not fit your situation, or a court-backed arrangement is needed, Indiana has court options: a temporary guardian of a minor under Ind. Code 29-3-3-4, where no guardian is appointed, an emergency exists, welfare requires immediate action and no other person appears to have authority (up to 90 days, with one extension of up to 90 days for good cause after notice and hearing) and a standby guardian under Ind. Code 29-3-3-7, which takes effect only on the declarant's death or incapacity. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Indiana child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.
Key decisions before you file
Before you file a Temporary Guardianship Agreement in Indiana, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.
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Indiana Requirements for Temporary Guardianship Agreement
Parental Power of Attorney
A parent of a minor may delegate powers to another person by a properly executed power of attorney under Ind. Code 29-3-9-1(c). The person receiving the powers is the attorney in fact.
12-Month Term
The delegation may run for a period not exceeding 12 months. A parent on active duty may delegate for longer, but the term may not exceed the term of active duty plus 30 days. Delegation is also allowed for any period during which the child's care and custody is entrusted to an institution furnishing care, custody, education, or training (Ind. Code 29-3-9-1(c), (i)).
Military Service Statement
For a delegation longer than 12 months based on active duty, the power of attorney must indicate that the parent is required to enter or serve in active military service of the United States and include the estimated beginning and ending dates (Ind. Code 29-3-9-1(i)).
Notary or Witnesses
The parent signs, or directs another to sign, in the presence of a notary public or in the presence of witnesses described in Ind. Code 30-5-4-1.3, 1.5, 1.7 and 1.9 (Ind. Code 30-5-4-1(a)).
Powers and Exclusions
The delegable powers are those regarding health care, support, custody, or property of the minor, except what the instrument expressly excludes. Consent to the marriage or adoption of a protected person who is a minor cannot be delegated (Ind. Code 29-3-9-1(c)-(e)).
Effective Immediately Unless Stated
The delegation is effective immediately unless otherwise stated in the power of attorney (Ind. Code 29-3-9-1).
Written Revocation
The parent may revoke at any time by a written instrument of revocation that identifies the power of attorney revoked and is signed by the parent, unless the power of attorney states otherwise (Ind. Code 29-3-9-1(j)).
Parent Remains Responsible
The parent remains responsible for any act or omission of the attorney in fact as though the power of attorney had never been executed (Ind. Code 29-3-9-1(e)).