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 […]
30-5-9-8. Good Faith Purchasers; Persons Accepting Authority of Attorney in Fact
Sec. 8. (a) A good faith purchaser from a person who has obtained an interest in property from an attorney in fact is not liable to the principal, the heirs or assigns of the principal, or the personal representative of the estate of the principal. (b) A person accepting the authority of an attorney in […]
30-5-11-4.7. Electronic Power of Attorney; Form of Self-Proving Clause
Sec. 4.7. (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) When an electronic power of attorney is executed, the power of attorney may be: (1) attested; and (2) made self-proving; by incorporating into or […]
30-5-9-9. Persons Refusing to Accept Authority of Attorney in Fact
Sec. 9. (a) Except as provided in subsection (b), a person who, not more than three (3) business days after receiving a power of attorney, refuses to accept the authority of an attorney in fact to exercise a power granted under a power of attorney is liable to the principal and to the principal’s heirs, […]
30-5-11-4.9. Admissibility of Recordings and Images
Sec. 4.9. (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 an electronic power of attorney; or (2) a video recording, one (1) or more photographic images, or an audio […]