What Is an Indiana Minor (Child) Power of Attorney?
An Indiana minor (child) power of attorney is a legal document that lets you designate a decision-maker for your child’s needs. You can write it when you will be temporarily unavailable due to a health condition, travel, work, or military service. It’s also helpful if your child stays with a relative for a short period, as you can give the relative temporary authority over your child’s care.
Under an Indiana minor POA, the agent can decide on the child’s daily care, living situation, education, and medical care. With these powers in place, the parent can ensure that their child has a caregiver while they’re away or unavailable.
The authority granted using an Indiana minor POA is only temporary. It does not allow the parent to concede their parental rights. It also imposes certain limitations, as the agent cannot consent to the child’s marriage or adoption.
Indiana Minor POA vs. Standby Guardianship
A power of attorney for a minor child in Indiana is a document that a parent creates and does not get recorded anywhere. It’s a private form that allows the temporary assignment of parental rights.
Standby guardianship is reserved for when the parent becomes incapacitated. Naming a standby guardian is a court-involved process that is governed by IN Code § 29-3-3-7.
Legal Requirements for an Indiana Minor Power of Attorney
As the parent, you must sign your Indiana temporary power of attorney for a minor child. Two witnesses or a notary public must observe your signature (IN Code § 30-5-4-1).
If you use a notary public, they can complete Legal Templates’s notary acknowledgment form. If you use witnesses, they must be competent adults who are at least 18. Neither witness can be the agent (attorney-in-fact), the successor agent, a beneficiary, or a relative of any of the aforementioned parties.
How Long Is a Minor Power of Attorney in Indiana Valid For?
A minor power of attorney in Indiana is valid for up to 12 months (IN Code § 29-3-9-1). After this 12-month period passes, you must create a new power of attorney for your minor child.
When you write your document, you can record any end date before the automatic 12-month expiration date. If you need to revoke the document earlier, you can do so by completing a power of attorney revocation form.
Sample Indiana Minor Power of Attorney for a Child
View an example of our Indiana minor power of attorney for a child form to see how to write your own. Customize your own using our guided form, changing the parties’ names, granted powers, and expiration date so that the document fits your needs. Download copies in PDF or Word format, which will be ready to distribute to relevant parties.
