§ 30-5-3-4 — Guardians; nomination; appointment; powers and duties; amendment or revocation of power; hearing; notice

(a) A principal may nominate a guardian for
consideration by the court if protective proceedings for the principal's
person or estate are commenced. The court shall make an appointment
in accordance with the principal's most recent nomination in a power
of attorney except for good cause or disqualification.
(b) A parent of a minor or a de facto custodian of a minor may
nominate a guardian of the minor for consideration by the court if
protective proceedings for the minor's person or estate are commenced.
The court shall consider a nomination in a power of attorney.
(c) A parent of an incapacitated person may nominate a guardian of
the incapacitated person for consideration by the court if protective
proceedings for the incapacitated person's person or estate are
commenced. The court shall consider a nomination in a power of
attorney.
(d) A guardian does not have power, duty, or liability with respect
to property or personal health care decisions that are subject to a valid
power of attorney. A guardian has no power to revoke or amend a valid
power of attorney unless specifically directed to revoke or amend the
power of attorney by a court order on behalf of the principal. A court
may not enter an order to revoke or amend a power of attorney without
a hearing. Notice of a hearing held under this section shall be given to
the attorney in fact.

Legislative History

As added by P.L.149-1991, SEC.2. Amended by P.L.194-2017, SEC.13.