(a)(1) A parent or parents of a minor child may delegate to any adult person residing in this state temporary care-giving authority regarding the minor child when hardship prevents the parent or parents from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for care of a minor child on a form provided by the department of children’s services. Hardships may include but are not limited to:
(A) The serious illness or incarceration of a parent or legal guardian;(B) The physical or mental condition of the parent or legal guardian or the child is such that care and supervision of the child cannot be provided; or(C) The loss or uninhabitability of the child’s home as the result of a natural disaster.(2) A local education agency (LEA) is not required to enroll a student with a power of attorney stating a hardship other than one (1) of the three (3) specifically stated in subdivisions (a)(1)(A)-(C). The LEA may, however, enroll a student with a properly executed power of attorney for other hardships on a case by case basis.(b) The power of attorney for care of the minor child shall be signed by the parent and acknowledged before a notary public or two (2) witnesses who shall sign and date their signatures concurrently and in each other’s presence.(c) For purposes of this part the term “parent” includes a legal guardian or legal custodian of the minor child.
