US Lawyer Database

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; […]

30-5-11-4.1. Certain Powers of Attorney Created in Reliance on Supreme Court Order

Sec. 4.1. (a) This section applies to a power of attorney that is electronically signed and notarized: (1) on or after March 31, 2020; and (2) before January 1, 2022. (b) If a power of attorney described in subsection (a) was electronically signed and notarized by a notary public using audiovisual communication technology to positively […]