Indiana Code
Ind. Code § 30-5-3-4 (2026)
Guardians; nomination; appointment; powers and duties; amendment or revocation of power; hearing; notice
✓ current as of May 2026
Sec. 4. (a) A principal may nominate a guardian for consideration by the court if protective proceedings for the principal's person or estate are commenced. The court shall make an appointment in accordance with the principal's most recent nomination in a power of attorney except for good cause or disqualification.
(b) A parent of a minor or a de facto custodian of a minor may nominate a guardian of the minor for consideration by the court if protective proceedings for the minor's person or estate are commenced. The court shall consider a nomination in a power of attorney.
(c) A parent of an incapacitated person may nominate a guardian of the incapacitated person for consideration by the court if protective proceedings for the incapacitated person's person or estate are commenced. The court shall consider a nomination in a power of attorney.
(d) A guardian does not have power, duty, or liability with respect to property or personal health care decisions that are subject to a valid power of attorney. A guardian has no power to revoke or amend a valid power of attorney unless specifically directed to revoke or amend the power of attorney by a court order on behalf of the principal. A court may not enter an order to revoke or amend a power of attorney without a hearing. Notice of a hearing held under this section shall be given to the attorney in fact.
As added by P.L.149-1991, SEC.2. Amended by P.L.194-2017, SEC.13.
Notes of Decisions
Cited in 10
cases, 2006–2018 · leading case: Cook v. Harris, 852 N.E.2d 933 (Ind. Ct. App. 2006).
Cook v. Harris, 852 N.E.2d 933 (Ind. Ct. App. 2006). “Because the trial court's actions-naming the Estate Guardians as co-guardians over the estate and failing to name Cook as guardian when a durable power of attorney existed naming Cook as Hollenga's nomination for guardian-were contrary to Indiana Code Section 30-5-3-4, we…”
In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney & Patrick Kinney v. Paul Kevin Kinney, 56 N.E.3d 719 (Ind. Ct. App. 2016). “Indiana Code section 30-5-3-4 limits a guardian’s power when there is a valid power of attorney: (b) A guardian does not have power, duty, or liability with respect to property or personal health care decisions that are subject to a valid power of attorney.”
In the Matter of the Guardianship of N.R., N.R. v. Eva Willis & Charles Reagins, Peoples Bank, SB, 26 N.E.3d 97 (Ind. Ct. App. 2015). “See Ind.Code § 30-5-3-4(a) (“A principal may nominate a guardian for consideration by the court if protective proceedings for the principal’s person or estate are commenced.”
In Re Guardianship of LR, 908 N.E.2d 360 (Ind. Ct. App. 2009). “Ind.Code § 30-5-3-4(b). Here, unless and until the trial court holds a hearing and directs Mother's guardian(s) to revoke Daughter's power of attorney, the power remains valid.”
Ault v. Brewer, 922 N.E.2d 82 (Ind. Ct. App. 2010). “Indiana Code section 30-5-3-4(a) provides that: "A principal may nominate a guardian for consideration by the court if protective proceedings for the principal's person or estate are commenced.”
In Re the Guardianship of John T. Aldrich, an Adult, Brock L. Aldrich v. Sandra Aldrich (mem. dec.) (Ind. Ct. App. 2018). “IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: That pursuant to Ind. Code § 30-5-3-4 , for good cause shown, this Court DIRECTS Sandra to revoke POA1 and POA2.”
In Re the Guardianship of Ruth Carter, an Incompetent Adult, Colleen F. Batt v. Marsha K. Moore (Ind. Ct. App. 2014). “See Ind. Code § 30-5-3-4 (b) (“A guardian has no power to revoke or amend a valid power of attorney unless specifically directed to revoke or amend the power of attorney by a court order on behalf of the principal.”
In re the Guardianship of: Helen Kinney Morris, Mary M. Kinney & Patrick Kinney v. Paul Kevin Kinney (mem. dec.) (Ind. Ct. App. 2017). “Ind. Code § 30-5-3-4 (b) (1991). Therefore, if an incapacitated person’s attorney in fact is different than that person’s guardian, the “attorney in fact remains in control unless the trial court intervenes[,]” holds a hearing, and orders the guardian to revoke the power of…”
Suzanne Throgmartin v. Wilson S. Stober & Christopher E. Clark (Ind. Ct. App. 2014). “In reaching this determination we cited to Ind. Code Ann. § 30-5-3-4 (b) (West, Westlaw current through 2013 1st Reg.”
In the Matter of the Guardianship of: M.A.M.J., a minor Diana Sullivan v. Katherine Ashley Oliver (Ind. Ct. App. 2013). “12 Indiana Code § 30-5-3-4(a) provides that “[a] principal may nominate a guardian for consideration by the court if protective proceedings for the principal’s person or estate are commenced.”
— Ind. Code § 30-5-3-4(a) — 5 cases
Cook v. Harris, 852 N.E.2d 933 (Ind. Ct. App. 2006). “Because the trial court's actions-naming the Estate Guardians as co-guardians over the estate and failing to name Cook as guardian when a durable power of attorney existed naming Cook as Hollenga's nomination for guardian-were contrary to Indiana Code Section 30-5-3-4, we…”
In the Matter of the Guardianship of N.R., N.R. v. Eva Willis & Charles Reagins, Peoples Bank, SB, 26 N.E.3d 97 (Ind. Ct. App. 2015). “See Ind.Code § 30-5-3-4(a) (“A principal may nominate a guardian for consideration by the court if protective proceedings for the principal’s person or estate are commenced.”
Ault v. Brewer, 922 N.E.2d 82 (Ind. Ct. App. 2010). “Indiana Code section 30-5-3-4(a) provides that: "A principal may nominate a guardian for consideration by the court if protective proceedings for the principal's person or estate are commenced.”
In Re the Guardianship of Ruth Carter, an Incompetent Adult, Colleen F. Batt v. Marsha K. Moore (Ind. Ct. App. 2014). “See Ind. Code § 30-5-3-4 (b) (“A guardian has no power to revoke or amend a valid power of attorney unless specifically directed to revoke or amend the power of attorney by a court order on behalf of the principal.”
In the Matter of the Guardianship of: M.A.M.J., a minor Diana Sullivan v. Katherine Ashley Oliver (Ind. Ct. App. 2013). “12 Indiana Code § 30-5-3-4(a) provides that “[a] principal may nominate a guardian for consideration by the court if protective proceedings for the principal’s person or estate are commenced.”
— Ind. Code § 30-5-3-4(b) — 4 cases
Cook v. Harris, 852 N.E.2d 933 (Ind. Ct. App. 2006). “Because the trial court's actions-naming the Estate Guardians as co-guardians over the estate and failing to name Cook as guardian when a durable power of attorney existed naming Cook as Hollenga's nomination for guardian-were contrary to Indiana Code Section 30-5-3-4, we…”
In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney & Patrick Kinney v. Paul Kevin Kinney, 56 N.E.3d 719 (Ind. Ct. App. 2016). “Indiana Code section 30-5-3-4 limits a guardian’s power when there is a valid power of attorney: (b) A guardian does not have power, duty, or liability with respect to property or personal health care decisions that are subject to a valid power of attorney.”
In Re Guardianship of LR, 908 N.E.2d 360 (Ind. Ct. App. 2009). “Ind.Code § 30-5-3-4(b). Here, unless and until the trial court holds a hearing and directs Mother's guardian(s) to revoke Daughter's power of attorney, the power remains valid.”
In Re the Guardianship of Ruth Carter, an Incompetent Adult, Colleen F. Batt v. Marsha K. Moore (Ind. Ct. App. 2014). “See Ind. Code § 30-5-3-4 (b) (“A guardian has no power to revoke or amend a valid power of attorney unless specifically directed to revoke or amend the power of attorney by a court order on behalf of the principal.”
— Ind. Code § 30-5-3-4(g) — 1 case
Cook v. Harris, 852 N.E.2d 933 (Ind. Ct. App. 2006). “Because the trial court's actions-naming the Estate Guardians as co-guardians over the estate and failing to name Cook as guardian when a durable power of attorney existed naming Cook as Hollenga's nomination for guardian-were contrary to Indiana Code Section 30-5-3-4, we…”
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