30-5-4-1.7. Self-Proving Clause; Counterparts
Sec. 1.7. (a) This section applies to a power of attorney executed in the presence of witnesses under section 1 of this chapter on or after March 31, 2020. (b) When a power of attorney is executed, the power of attorney may be: (1) attested; and (2) made self-proving; by incorporating into or attaching to […]
30-5-4-1.9. Admissibility of Recordings and Images
Sec. 1.9. (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 a power of attorney; or (2) a video recording, one (1) or more photographic images, or an audio recording […]
30-5-4-2. Time Power Becomes Effective; Incapacity of the Principal
Sec. 2. (a) Except as provided in subsection (b), a power of attorney is effective on the date the power of attorney is signed in accordance with section 1(a)(4) of this chapter. (b) A power of attorney may: (1) specify the date on which the power will become effective; or (2) become effective upon the […]
30-5-4-3. More Than One Attorney in Fact; Independent Actions; Failure or Cessation of Service
Sec. 3. (a) Except as otherwise stated in the power of attorney, if more than one (1) attorney in fact is named, each attorney in fact may act independently of the other attorney in fact in the exercise of a power or duty. (b) Except as otherwise stated in the power of attorney, if: (1) […]
30-5-4-4. Failure or Cessation of Service; Circumstances; Successor Attorney in Fact; Powers
Sec. 4. (a) Except as stated otherwise in the power of attorney, an attorney in fact fails to serve or ceases to serve when: (1) the attorney in fact dies; (2) the attorney in fact resigns; (3) the attorney in fact is adjudged incapacitated by a court; (4) the attorney in fact cannot be located […]
30-5-4-5. Reimbursement of Expenses; Fee for Services
Sec. 5. (a) Except as stated otherwise in the power of attorney, an attorney in fact is entitled to reimbursement of all reasonable expenses advanced by the attorney in fact on behalf of the principal. (b) Except as otherwise stated in the power of attorney, an attorney in fact is entitled to a reasonable fee […]
30-5-4-1. Validity of Power; Conditions
Sec. 1. (a) To be valid, a power of attorney must meet the following conditions: (1) Be in writing. (2) Name an attorney in fact. (3) Give the attorney in fact the power to act on behalf of the principal. (4) Be signed by the principal or at the principal’s direction: (A) in the presence […]
30-5-4-1.3. Attesting and Subscribing Witnesses; Validity
Sec. 1.3. (a) This section applies to a power of attorney executed in the presence of witnesses under section 1 of this chapter on or after March 31, 2020. (b) Any person who, at the time of attestation, is competent to be a witness in this state may act as an attesting witness to the […]
30-5-4-1.5. Witnesses; Counterparts; Supervision of the Execution
Sec. 1.5. (a) This section applies to a power of attorney executed in the presence of witnesses under section 1 of this chapter on or after March 31, 2020. (b) A power of attorney executed in the presence of witnesses under section 1(a)(4)(B) of this chapter must be executed by the signatures of the principal […]