Indiana Minor Child Power of Attorney
In line with the state law § 29-3-9-1, a parent or guardian of a minor child can exercise their legal right to delegate their parental or guardianship duties and powers to another party of their selection. This arrangement can be put into effect by executing an Indiana Minor Child Power of Attorney. They may request the party (referred to as the Agent), via the terms of this agreement, to provide “care, custody, education, or training” as well as deal with matters pertaining to the child’s health care, support, or property.
Duration of the Agreement
State law (§ 29-3-9-1) dictates that the decision-making powers bestowed to an Agent may only endure for “a period not exceeding twelve (12) months.” The only exceptions to this is if the parent bringing about the Power of Attorney is:
- A member in the active or reserve component of the armed forces of the United States, including the Army, Navy, Air Force, Marine Corps, National Guard, or Coast Guard; or
- A member in the commissioned corps of the National Oceanic and Atmospheric Administration; or Public Health Service of the United States Department of Health and Human Services; or
- Required to enter or serve in the active military service of the United States under a call or order of the President of the United States; or
- Required to serve on state active duty.
In these circumstances, if the parent is on active duty service, the parent may be granted permission to extend the Power of Attorney to a period of more than twelve (12) months. However, the term of delegation “may not exceed the term of active duty service plus thirty (30) days.”
State Laws & Signing Requirements
State Laws – Probate Code & Powers of Attorney
Signing Requirements (IC 29-3-9-1) – State laws in Indiana regarding the valid execution of a Minor Child Power of Attorney only state that it must be “a properly executed power of attorney.” In line the state’s Power of Attorney Act, the Principal (in this case, the parents or guardians who bring about the form) must sign the Power of Attorney before a Notary Public.