2017 Indiana Code
TITLE 29. Probate
ARTICLE 3. GUARDIANSHIPS AND PROTECTIVE PROCEEDINGS
CHAPTER 3. Proceedings in Lieu of Guardianships
29-3-3-7. Standby guardians

     Sec. 7. (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.

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