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 […]
30-5-11-1. Purpose of Chapter; Presumptions
Sec. 1. The purpose of this chapter is to provide rules for the valid execution, amendment, and revocation of powers of attorney that are prepared and signed electronically. This chapter shall be applied fairly and flexibly so that a principal whose identity can be verified, who has capacity, and who is acting free from undue […]
30-5-11-2. Exclusive Authority; Application of Other Statutes
Sec. 2. (a) Except as provided in subsection (b), electronic powers of attorney are exclusively governed by this chapter. (b) If this chapter does not provide an explicit definition, form, rule, or statute concerning the creation, execution, interpretation, storage, or use of an electronic power of attorney, the applicable statute from this article applies to […]
30-5-11-3. Definitions
Sec. 3. The following terms are defined for this chapter: (1) “Affidavit of regularity” means an affidavit executed by a custodian or other person under section 9 of this chapter with respect to the electronic record for an electronic power of attorney or a complete converted copy of an electronic power of attorney. (2) “Complete […]
30-5-11-4. Creation of Electronic Power of Attorney
Sec. 4. (a) A principal, or person acting at the principal’s direction, may create a valid power of attorney by electronically signing an electronic power of attorney: (1) in the presence of a notary; or (2) in the presence of witnesses under sections 4.3, 4.5, 4.7, and 4.9 of this chapter. (b) The: (1) principal; […]