1. Indiana State Guardianship Association 2017
Guardian’s Toolkit
Indiana State Guardianship Association 2017

2. Three tools every guardian can use:
Cooperate or Else Rule
Standby Guardian
Guardian’s Power of Attorney

3. Cooperate or Else
A guardian’s best friend when dealing with financial institutions and more.

4. Ind. Code § 29-3-9-12 Demand in writing Enforcement proceedings
Hearing (after notice)
Attorneys’ fees & costs

5. Standby Guardian
The handy (but confusing) just in case tool.

6. Ind. Code § 29-3-3-7 Signed declaration Death or incapacity
90 day limit

7. Contents of Declaration
Guardian, designated standby guardian, backup standby guardian
Protected person’s name and DOB
Statement that it is effective upon death or incapacity
Terminates within 90 days unless petition for appointment filed
Signed and notarized

8. Guardian’s Power of Attorney
You can use it, but should you?

9. Ind. Code § (a)
May delegate powers related to health care, support, custody, or property of the protected person
May not delegate the authority to consent to a marriage, or to obtain a dissolution of marriage, legal separation or annulment
Only effective for 12 months (or less)
A temporary guardian cannot delegate powers
The guardian remains responsible for any decision made by the agent
Agent has full authority to act unless certain powers are specifically excluded.

10. Questions? www.scoutguardianship.com Sara McClammer