§ 29-3-3-7 — Standby guardians

Indiana § 29-3-3-7

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 3: Proceedings in Lieu of Guardianships

Text

(a) Subject to subsection (e), a parent of a minor
or the guardian of a protected person may designate a standby guardian
by making a written declaration naming the individual designated to
serve as a standby guardian. A declarant may name an alternate to the
designated standby guardian if the designated standby guardian is
unable to serve, refuses to serve, renounces the appointment, dies, or
becomes incapacitated after the death of the declarant.
(b) A declaration under this section must contain the following
information:
(1) The names of the declarant, the designated standby guardian,
and the alternate standby guardian, if any.
(2) The following information concerning each minor child or
protected person for whom a standby guardian is designated by
the declaration:
(A) The person's full name as it appears on the birth certificate
or as ordered by a court.
(B) The person's date of birth.
(3) A statement that the declaration becomes effective upon the
death or incapacity of the declarant.
(4) A statement that the declaration terminates ninety (90) days
after becoming effective unless the standby guardian files a
petition for a guardianship of the minor or protected person
during that ninety (90) day period.
(c) A declaration executed under this section must be signed by the
declarant in the presence of a notary public.
(d) A declaration executed under this section becomes effective
upon the death or incapacity (as defined in IC 29-3-1-7.5) of the parent
or guardian and terminates ninety (90) days after the declaration
becomes effective. However, if the designated standby guardian files
a petition for a guardianship of the minor or protected person during
that ninety (90) day period, the declaration remains in effect until the
court rules on the petition.
(e) A declaration executed under this section must be considered by,
but is not binding upon, the department of child services, a probation
department, or a juvenile court for purposes of determining the
placement of a child who is the subject of:
(1) an allegation of child abuse or neglect under IC 31-33;
(2) an open child in need of services case under IC 31-34; or
(3) an open delinquency case under IC 31-37.
(f) A standby guardian shall have all the powers granted to a
guardian under this article.

Legislative History

As added by P.L.178-2011, SEC.4. Amended by P.L.149-2012, SEC.9.