Sec. 1. All acts performed by an attorney in fact under a power of attorney have the same effect, provide the same benefit, and bind the principal and the principal’s successors in interest in the same manner as if the principal were competent, not incapacitated, and had acted on the principal’s own behalf. As added […]
Sec. 2. A written power of attorney that purports to be signed by the principal named in the power of attorney is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the power was not validly executed. As added by P.L.149-1991, SEC.2.
Sec. 3. A signature of the attorney in fact that identifies the principal and the attorney in fact, or a similar written disclosure, is an attestation and is conclusive proof to a party relying on the attestation, except a party with actual knowledge that the attestation is false, that: (1) the principal was competent at […]
Sec. 4. A person relying on the power of attorney or the attestation of the attorney in fact is not required to investigate any of the following: (1) Whether the power of attorney is valid. (2) Whether the attorney in fact is authorized to act. (3) What the attorney in fact does with property delivered […]
Sec. 5. A copy of the power of attorney has the same force and effect as the original power of attorney if the attorney in fact or the person granting the power of attorney certifies that the copy is a true and correct copy. As added by P.L.149-1991, SEC.2. Amended by P.L.42-2012, SEC.2.
Sec. 6. Subject to IC 16-36-7, appointments made under this article, IC 16-36-4, IC 16-36-1, and IC 16-36-7 can be made concurrently and will be given full effect under the law. However, the appointments may be executed independently and remain valid in their own right. As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993, SEC.159; P.L.50-2021, […]
Sec. 7. (a) A person who acts in good faith reliance on a power of attorney is immune from liability to the same extent as if the person had dealt directly with the named principal and the named principal had been competent and not incapacitated. (b) The named attorney in fact may furnish an affidavit […]
