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 […]
30-5-11-7. 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 […]
30-5-10-1. 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 […]
30-5-10-4. Death of Principal; Missing or Missing in Action; Attorney in Fact Retains Authority Over Anatomical Gifts, Autopsy, and Disposition of Body
Sec. 4. (a) Except as provided in subsections (b) and (c), a power of attorney terminates on the death of the principal. (b) The death of a principal who has executed a written power of attorney does not revoke or terminate the power of attorney as to the attorney in fact or other person who, […]