Delegation of powers; exercise of powers under power of attorney
Sec. 1. (a) By a properly executed power of attorney, a parent or
a guardian (other than a temporary guardian) of an incapacitated
person or minor, may delegate to another person for:
(1) any period during which the care and custody of the
protected person is entrusted to an institution furnishing care,
custody, education, training; or
(2) a period not exceeding sixty (60) days during which the
parent or guardian is physically incapacitated or absent from the
parent's or guardian's residence;
any powers regarding support, custody, or property of the protected
person, except the power to consent to the marriage or adoption of a
protected person who is a minor.
(b) A person having a power of attorney executed under
subsection (a) has and shall exercise, for the period during which the
power is effective, all other authority of the parent or guardian
respecting the support, custody, or property of the protected person
except any authority expressly excluded in the written instrument
delegating the power. However, the parent or guardian remains
responsible for any act or omission of the person having the power
of attorney with respect to the affairs, property, and person of the
protected person as though the power of attorney had never been
executed.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.75.
Last modified: May 27, 2006