Ind. Code ch. 30-5-4

Ind. Code ch. 30-5-4
in effect

Ind. Code § 30-5-4-1 Validity of power; conditions

Sec. 1. (a) To be valid, a power of attorney must meet the following conditions: (1) Be in writing. (2) Name an attorney in fact. (3) Give the attorney in fact the power to act on behalf of the principal. (4) Be signed by the principal or at the principal's direction: (A) in the presence of a notary public; or (B) in the presence of witnesses as described under sections 1.3, 1.5, 1.7, and 1.9 of this chapter. (b) In the case of a power of attorney signed at the direction of the principal, the notary must state that the individual who signed the power of attorney on behalf of the principal did so at the principal's direction. As added by P.L.149-1991, SEC.2. Amended by P.L.101-2008, SEC.9; P.L.185-2021, SEC.18.

Ind. Code § 30-5-4-1.3 Attesting and subscribing witnesses; validity

Sec. 1.3. (a) This section applies to a power of attorney executed in the presence of witnesses under section 1 of this chapter on or after March 31, 2020. (b) Any person who, at the time of attestation, is competent to be a witness in this state may act as an attesting witness to the execution of a power of attorney. A subsequent incapacity of an attesting witness does not impair the effectiveness of a previously executed power of attorney. (c) A power of attorney executed under section 1(a)(4)(B) of this chapter is void if: (1) a subscribing witness to the execution of the power of attorney has an interest in the power of attorney as described in subsection (d); and (2) the power of attorney cannot be proved without the witness's testimony or proof of the witness's signature as a witness. (d) A person serving as a subscribing witness to the execution of a power of attorney has an interest in the power of attorney if: (1) the power of attorney names the person as the principal's attorney in fact or successor to the attorney in fact; (2) the power of attorney grants a power or beneficial interest to the person other than an appointment of the person as the principal's attorney in fact or successor to the attorney in fact; or (3) the witness is related to a person described in subdivision (1) or (2). (e) For purposes of this section, a witness is related to a person described in subdivision (1) or (2) if the person is: (1) the spouse of the witness; or (2) a descendant of the witness. As added by P.L.185-2021, SEC.19.

Ind. Code § 30-5-4-1.5 Witnesses; counterparts; supervision of the execution

Sec. 1.5. (a) This section applies to a power of attorney executed in the presence of witnesses under section 1 of this chapter on or after March 31, 2020. (b) A power of attorney executed in the presence of witnesses under section 1(a)(4)(B) of this chapter must be executed by the signatures of the principal and at least two (2) witnesses on: (1) a power of attorney under subsection (c); (2) a self-proving clause under section 1.7(c) of this chapter; or (3) a self-proving clause under section 1.7(d) of this chapter. (c) A power of attorney may be attested as follows: (1) By having the principal, in the presence of two (2) or more attesting witnesses, signify to the witnesses that the instrument is the principal's power of attorney and: (A) sign the power of attorney; (B) acknowledge the principal's signature already made; or (C) at the principal's direction and in the principal's presence, have someone else sign the principal's name. (2) By having the attesting witnesses sign, in the presence of the principal and each other, the power of attorney. An attestation or self-proving clause is not required under this subsection in order to execute a valid power of attorney. (d) Only if the execution and completion of the power of attorney is supervised by an attorney or directed paralegal, a principal and at least two (2) attesting witnesses may execute and complete a power of attorney in two (2) or more original counterparts that exist in a tangible and readable paper form with: (1) the principal's signature placed on one (1) original counterpart in the presence of attesting witnesses; and (2) the signatures of the remaining witnesses placed on one (1) or more different counterparts affiliated with the same power of attorney; in a tangible and readable paper form. If a power of attorney is signed and witnessed in counterparts under this subsection, the principal or an individual acting at the principal's specific direction must physically assemble all of the separately signed paper counterparts of the power of attorney and the signatures of the principal and all attesting witnesses not later than five (5) business days after all the paper counterparts have been signed by the principal and witnesses. If the principal directs another individual to assemble the separate, signed paper counterparts of the will into a single composite paper document, the five (5) business day period does not commence until the compiling individual receives all of the separately signed paper counterparts. Any scanned copy or photocopy of the composite document containing all signatures shall be treated as validly signed under this section. (e) An attorney or directed paralegal must supervise the execution of a power of attorney in counterparts as described in subsection (d). An attorney or directed paralegal may supervise the execution of a power of attorney in counterparts even if the supervising attorney or directed paralegal is one (1) of the power of attorney's attesting witnesses. (f) Within a reasonable time after an attorney or a directed paralegal supervises the execution of a power of attorney in counterparts as described in subsection (d), the attorney or directed paralegal must sign an affidavit of compliance. An affidavit of compliance under this subsection must be sworn to or affirmed by the signing attorney or directed paralegal under the penalties of perjury and must contain: (1) The name and residential address of the principal. (2) The name and: (A) residential address; or (B) business address; for each witness who signs the power of attorney. (3) The address, city, and state in which the principal was physically located at the time the principal signed an original counterpart of the power of attorney. (4) The city and state in which each attesting witness was physically located when the witness signed an original counterpart of the power of attorney as a witness. (5) A description of the method and form of identification used to confirm the identity of the principal to the witnesses and to the supervising attorney or paralegal, as applicable. (6) A description of the audiovisual technology or other method used by the supervising attorney or paralegal, as applicable, the principal, and the witnesses for the purpose of interacting with each other in real time during the signing process. (7) A description of the method used by the principal and the witnesses to identify the location of each page break within the text of the principal and to confirm that the separate paper counterparts of the power of attorney were identical in content. (8) A general description of how and when the attorney or paralegal, as applicable, physically combined the separate, signed paper counterparts of the power of attorney into a single composite paper document containing the power of attorney, the signature of the principal, and the signatures of all attesting witnesses. (9) The name, business or residential address, and telephone number of the attorney or directed paralegal who supervised the execution and witnessing of the power of attorney in counterparts. (10) Any other information that the supervising attorney or paralegal, as applicable, considers to be material with respect to: (A) the principal's capacity to sign a valid power of attorney; and (B) the principal's and witnesses' compliance with subsection (c). After the attorney or directed paralegal signs an affidavit of compliance under this subsection, the attorney or directed paralegal must preserve an accurate copy of the signed affidavit with a scanned copy or photocopy of the completely signed power of attorney. An affidavit of compliance signed under this subsection is admissible as prima facie evidence that the principal and witnesses executed the power of attorney in counterparts that comply with the requirements of subsection (c). (g) A power of attorney that substantially complies with subsections (c) and (d) may not be rendered invalid by the existence of: (1) an attestation or self-proving clause; (2) additional signatures; or (3) other additional language; not required by subsection (c). (h) A power of attorney executed in accordance with subsections (c) and (d) is self-proved if the witness signatures follow an attestation or self-proving clause or other declaration indicating, in substance, the facts set forth in section 1.7(d) or 1.7(e) of this chapter. (i) This section shall be construed to favor the effectuating of the principal's intent to make a valid power of attorney. As added by P.L.185-2021, SEC.20.

Ind. Code § 30-5-4-1.7 Self-proving clause; counterparts

Sec. 1.7. (a) This section applies to a power of attorney executed in the presence of witnesses under section 1 of this chapter on or after March 31, 2020. (b) When a power of attorney is executed, the power of attorney may be: (1) attested; and (2) made self-proving; by incorporating into or attaching to the power of attorney a self-proving clause that meets the requirements of subsection (d) or (e). If the principal and witnesses sign a self-proving clause that meets the requirements of subsection (d) or (e) at the time the power of attorney is executed, no other signature of the principal or witnesses is required in order for the power of attorney to be validly executed and self-proved. (c) If a power of attorney is executed by the signatures of the principal and witnesses on an attestation clause under section 1.5(c) of this chapter, the power of attorney may be made self-proving at a later date by attaching to the power of attorney a self-proving clause that: (1) is signed by the principal and witnesses; and (2) meets the requirements specified in subsections (d) and (e). (d) A self-proving clause must: (1) contain the acknowledgment of the power of attorney by the: (A) principal; and (B) statements of the witnesses; under the laws of Indiana; (2) evidence the acknowledgment described in subdivision (1) by the signatures of the principal and witnesses (which may be made under the penalties of perjury); and (3) be attached or annexed to the power of attorney in a form that is substantially as follows: "We, the undersigned principal and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare that: (1) the principal executed the instrument as the principal's power of attorney; (2) in the presence of both witnesses, the principal signed or acknowledged the signature already made or directed another to sign for the principal in the principal's presence; (3) the principal executed the power of attorney as a free and voluntary act for the purposes expressed in it; (4) each of the witnesses, in the presence of the principal and of each other, signed the power of attorney as a witness; (5) the principal was of sound mind when the power of attorney was executed; and (6) to the best knowledge of each witness, the principal was, at the time the power of attorney was executed, at least eighteen (18) years of age or was a member of the armed forces or the merchant marine of the United States or its allies. Date __________ Principal __________ Witness __________ Witness __________". (e) A power of attorney is attested and self-proved if the power of attorney includes or has attached a clause signed by the principal and the witnesses that indicates that: (1) the principal signified that the instrument is the principal's power of attorney; (2) in the presence of least two (2) witnesses, the principal signed the instrument or acknowledged the principal's signature already made or directed another to sign for the principal in the principal's presence; (3) the principal executed the instrument freely and voluntarily for the purposes expressed in it; (4) each of the witnesses, in the principal's presence and in the presence of all other witnesses, is executing the instrument as a witness; (5) the principal was of sound mind when the power of attorney was executed; and (6) the principal is, to the best knowledge of each of the witnesses: (A) at least eighteen (18) years of age; or (B) a member of the armed forces or the merchant marine of the United States or its allies. (f) If the principal and the attesting witnesses executed the power of attorney in two (2) or more counterparts on paper under section 1.5(d) of this chapter, the self-proving clause, if any, for that power of attorney must substantially be in the following form: "We, the undersigned principal and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare: (1) that the undersigned principal and witnesses interacted with each other in real time through the use of technology and the witnesses were able to observe the principal throughout the signing process; (2) that the principal executed a complete counterpart of the instrument, in readable form on paper, as the principal's power of attorney; (3) that, in the presence of both witnesses, the principal signed the paper counterpart of the power of attorney or acknowledged the principal's signature already made or directed another individual to sign the paper counterpart of the power of attorney for the principal in the principal's presence; (4) that the principal executed the power of attorney as a free and voluntary act for the purposes expressed in it; (5) that each of the witnesses, in the presence of the principal and of each other, signed one (1) or more other complete counterparts of the power of attorney as a witness; (6) that each paper counterpart of the power of attorney that was signed by a witness was complete, in readable form, and with content identical to the paper counterpart signed by the principal; (7) that the principal was of sound mind when the power of attorney was executed; and (8) that, to the best knowledge of each of the witnesses, the principal was, at the time the power of attorney was executed, at least eighteen (18) years of age or was a member of the armed forces or the merchant marine of the United States or its allies. Date __________ Principal __________ Witness __________ Witness __________". (g) This section shall be construed to favor the effectuating of the principal's intent to make a valid power of attorney. As added by P.L.185-2021, SEC.21.

Ind. Code § 30-5-4-1.9 Admissibility of recordings and images

Sec. 1.9. (a) Subject to the Indiana Rules of Evidence and the Indiana Rules of Trial Procedure: (1) a video or audio recording of a principal captured or made either before or after the execution of a power of attorney; or (2) a video recording, one (1) or more photographic images, or an audio recording capture made during part or all of the execution of a power of attorney; may be admissible as evidence under this section. (b) Recordings or images described in subsection (a) may be admissible as evidence of the following: (1) The proper execution of a power of attorney. (2) The intentions of the principal. (3) The mental state or capacity of a principal. (4) The authenticity of a power of attorney. (5) Matters that are determined by a court to be relevant to the validity or enforceability of a power of attorney. As added by P.L.185-2021, SEC.22. Amended by P.L.162-2022, SEC.22.

Ind. Code § 30-5-4-2 Time power becomes effective; incapacity of the principal

Sec. 2. (a) Except as provided in subsection (b), a power of attorney is effective on the date the power of attorney is signed in accordance with section 1(a)(4) of this chapter. (b) A power of attorney may: (1) specify the date on which the power will become effective; or (2) become effective upon the occurrence of an event. (c) If a power of attorney becomes effective upon the principal's incapacity and: (1) the principal has not authorized a person to determine whether the principal is incapacitated; or (2) the person authorized is unable or unwilling to make the determination; the power of attorney becomes effective upon a determination that the principal is incapacitated that is set forth in a writing or other record by a physician, licensed psychologist, or judge. (d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may: (1) act as the principal's personal representative under the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 201 et seq.) and any rules or regulations issued under that act; and (2) obtain access to the principal's health care information and communicate with the principal's health care provider. As added by P.L.149-1991, SEC.2. Amended by P.L.101-2008, SEC.10; P.L.143-2009, SEC.27; P.L.185-2021, SEC.23.

Ind. Code § 30-5-4-3 More than one attorney in fact; independent actions; failure or cessation of service

Sec. 3. (a) Except as otherwise stated in the power of attorney, if more than one (1) attorney in fact is named, each attorney in fact may act independently of the other attorney in fact in the exercise of a power or duty. (b) Except as otherwise stated in the power of attorney, if: (1) more than one (1) attorney in fact is named; and (2) one (1) attorney in fact fails to serve or ceases to serve; the remaining attorney in fact may continue to act under the power of attorney without a successor for the attorney in fact who failed to serve or ceased to serve. As added by P.L.149-1991, SEC.2.

Ind. Code § 30-5-4-4 Failure or cessation of service; circumstances; successor attorney in fact; powers

Sec. 4. (a) Except as stated otherwise in the power of attorney, an attorney in fact fails to serve or ceases to serve when: (1) the attorney in fact dies; (2) the attorney in fact resigns; (3) the attorney in fact is adjudged incapacitated by a court; (4) the attorney in fact cannot be located upon reasonable inquiry; (5) the attorney in fact, if at one time the principal's spouse, legally is no longer the principal's spouse; or (6) a physician familiar with the condition of the current attorney in fact certifies in writing to the immediate successor attorney in fact that the current attorney in fact is unable to transact a significant part of the business required under the power of attorney. (b) Except as stated otherwise in the power of attorney, if the replaced attorney in fact reappears or is subsequently able to transact business, the successor attorney in fact shall remain as the attorney in fact. (c) Except as otherwise stated in the power of attorney, an attorney in fact designated as a successor has the powers granted under the power of attorney to the original attorney in fact. (d) Unless a power of attorney provides a different method for an attorney in fact's resignation, an attorney in fact may resign by giving notice to the principal and, if the principal is incapacitated: (1) to: (A) the principal's guardian, if a guardian has been appointed for the principal; and (B) a co-attorney in fact or successor attorney in fact; or (2) if there is no person described in subdivision (1), to: (A) the principal's caregiver; (B) another person reasonably believed by the attorney in fact to have sufficient interest in the principal's welfare; or (C) a governmental agency having authority to protect the welfare of the principal. As added by P.L.149-1991, SEC.2. Amended by P.L.143-2009, SEC.28; P.L.6-2010, SEC.21.

Ind. Code § 30-5-4-5 Reimbursement of expenses; fee for services

Sec. 5. (a) Except as stated otherwise in the power of attorney, an attorney in fact is entitled to reimbursement of all reasonable expenses advanced by the attorney in fact on behalf of the principal. (b) Except as otherwise stated in the power of attorney, an attorney in fact is entitled to a reasonable fee for services rendered. The attorney in fact shall, not later than twelve (12) months after the date the service is rendered, notify the principal in writing of the amount claimed as compensation for rendering the service. As added by P.L.149-1991, SEC.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/30Fetched: 10/17/2026