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 […]
30-5-11-6. 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 […]
30-5-10-0.5. Termination of Power to Exercise Authority
Sec. 0.5. Unless the power of attorney provides otherwise, an attorney in fact may exercise authority until the authority terminates under this chapter, even if time has passed since the execution of the power of attorney. As added by P.L.143-2009, SEC.32.
30-5-10-1. Revocation of Power; Record
Sec. 1. (a) Except as otherwise stated in the power of attorney, an executed power of attorney may be revoked only by a written instrument of revocation that: (1) identifies the power of attorney revoked; and (2) is signed by the principal. (b) A revocation under subsection (a) is not effective unless the attorney in […]
30-5-10-2. Specific Termination Date and Time
Sec. 2. If a power of attorney specifies a termination date and time, the power of attorney terminates at that date and time. As added by P.L.149-1991, SEC.2.
30-5-10-3. Incapacity of Principal
Sec. 3. (a) Except as otherwise stated in the power of attorney, a power of attorney is not terminated by the incapacity of the principal. (b) The incapacity of a principal who has previously executed a power of attorney that terminates on the principal’s incapacity does not revoke or terminate the power of attorney as […]