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

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

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

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

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

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

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

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

Ind. Code § 29-3-9-1(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.

Questions? www.scoutguardianship.com Sara McClammer sara@bennettmcclammer.com 317-931-0944 www.scoutguardianship.com