How Do I Name a Guardian for My Minor Children in Indiana?
See how a parent names a guardian for their minor children in Indiana, what weight the court gives your choice, and your options for temporary care.
Frequently Asked Questions
In Indiana, a parent names a guardian for a minor child in a will or a separate signed writing (Ind. Code §§ 29-3-5-4(a)(2)–(a)(3), 29-3-5-5(a)(6); 30-5-3-4(b)). It needs your signature and 2 witnesses or a notary. You can record it alongside the rest of your estate plan when you create a revocable living trust.
When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest (Ind. Code §§ 29-3-5-4(a)(2)–(a)(3), 29-3-5-5(a)(6); 30-5-3-4(b)).
Yes. Indiana recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.
Yes. Indiana allows a Delegation of Parental Powers by Power of Attorney (Ind. Code § 29-3-9-1): any adult can be authorized for a limited time (up to 1 year) without transferring custody.
In Indiana, the court weighs the preference of a child 14 or older (Ind. Code § 29-3-5-4(a)(5)).
Indiana uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Ind. Code §§ 29-3-5-4(a), 29-3-5-3, 29-3-5-1.5)
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