30-5-11-6. Maintenance, Receipt, and Transfer of Electronic Power of Attorney
Sec. 6. (a) Any person, with the written authorization of the principal, may maintain, receive, or transfer custody of: (1) the electronic record for an electronic power of attorney (and any accompanying document integrity evidence); or (2) a complete converted copy of the electronic power of attorney. A principal may identify and designate an adult […]
30-5-11-7. Delivery of Electronic Power of Attorney Following Death of Principal
Sec. 7. (a) After a principal’s death becomes known to a custodian or other person in possession or control of: (1) the electronic record associated with the principal’s electronic power of attorney; or (2) a complete converted copy of the principal’s electronic power of attorney; the custodian or other person in possession of an item […]
30-5-11-8. “Destroy”; Destruction of Electronic Power of Attorney
Sec. 8. (a) As used in this section, “destroy” means any action that: (1) permanently deletes the electronic record associated with an electronic power of attorney; or (2) renders the electronic record associated with an electronic power of attorney unreadable and nonretrievable. (b) Any custodian or attorney holding an electronic power of attorney may destroy […]
30-5-11-9. Affidavit of Regularity
Sec. 9. Whenever this chapter requires or permits a custodian or other person to make an affidavit of regularity with respect to an electronic power of attorney or a complete converted copy, the custodian or other person responsible for the creation of the affidavit of regularity may use the following format for the affidavit: “Affidavit […]
30-5-11-10. Prima Facie Evidence of Validity
Sec. 10. (a) An electronic record, including any accompanying document integrity evidence contained in the electronic record, is: (1) prima facie evidence of the validity of the electronic power of attorney; and (2) prima facie evidence of the absence of unauthorized alteration of or tampering with the electronic power of attorney. (b) If an electronic […]
30-5-11-11. “Digital Asset”; “Electronic Communication”; “Custodian”; “User”; “Transaction in or Affecting Interstate or Foreign Commerce”; Exclusive Authority
Sec. 11. (a) For purposes of IC 29-3, IC 30-5, and IC 32-39: (1) the electronic record for an electronic power of attorney is a “digital asset” as defined in IC 32-39-1-10; (2) the electronic record for an electronic power of attorney is not an “electronic communication” as defined in 18 U.S.C. 2510(12) or IC […]
30-5-9-8. Good Faith Purchasers; Persons Accepting Authority of Attorney in Fact
Sec. 8. (a) A good faith purchaser from a person who has obtained an interest in property from an attorney in fact is not liable to the principal, the heirs or assigns of the principal, or the personal representative of the estate of the principal. (b) A person accepting the authority of an attorney in […]
30-5-11-4.7. Electronic Power of Attorney; Form of Self-Proving Clause
Sec. 4.7. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020. (b) When an electronic power of attorney is executed, the power of attorney may be: (1) attested; and (2) made self-proving; by incorporating into or […]
30-5-9-9. Persons Refusing to Accept Authority of Attorney in Fact
Sec. 9. (a) Except as provided in subsection (b), a person who, not more than three (3) business days after receiving a power of attorney, refuses to accept the authority of an attorney in fact to exercise a power granted under a power of attorney is liable to the principal and to the principal’s heirs, […]
30-5-11-4.9. Admissibility of Recordings and Images
Sec. 4.9. (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 an electronic power of attorney; or (2) a video recording, one (1) or more photographic images, or an audio […]