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, […]
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 […]
30-5-11-4.3. Certain Electronic Powers of Attorney Created in Reliance on Supreme Court Order
Sec. 4.3. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) 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 […]
30-5-9-7. Co-Attorneys in Fact
Sec. 7. If two (2) or more attorneys in fact are authorized to act on behalf of a principal, an attorney in fact who did not join in or consent to the action of one (1) or more of the co-attorneys in fact is not liable for the action. Failure to object to an action […]
30-5-11-4.5. Electronic Power of Attorney; Witnesses; Self-Proving Clauses; Presence Requirement
Sec. 4.5. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020. (b) An electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter must be executed by the signatures of […]