Standby Guardianship - Indiana

Who Can Nominate a Standby Guardian

Citation: Ann. Code § 29-3-3-7

A parent of a minor may designate a standby guardian.

How to Establish a Standby Guardian

Citation: Ann. Code § 29-3-3-7

A parent 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.

A declaration must contain the following information:

• The names of the declarant, the designated standby guardian, and the alternate standby guardian, if any
• The name and date of birth for each child for whom a standby guardian is being designated

A declaration executed under this section must be signed by the declarant in the presence of a notary public.

How Standby Authority is Activated

Citation: Ann. Code § 29-3-3-7

A declaration executed under this section becomes effective upon the death or incapacity (as defined in § 29-3-1-7.5) of the parent.

Involvement of the Noncustodial Parent

This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation: Ann. Code § 29-3-3-7

A standby guardian shall have all the powers granted to a guardian under this article.

Withdrawing Guardianship

Citation: Ann. Code § 29-3-3-7

A declaration executed under this section terminates 90 days after the declaration becomes effective. If, however, the designated standby guardian files a petition for a guardianship of the minor during that 90 day period, the declaration remains in effect until the court rules on the petition.