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 […]
30-5-7-6. Anatomical Gifts, Autopsies, or Remains Disposition
Sec. 6. If a power of attorney authorizes the attorney in fact to: (1) make an anatomical gift on behalf of the principal; (2) authorize an autopsy of the principal’s remains; or (3) direct the disposition of the principal’s remains; the anatomical gift, autopsy, or remains disposition shall be considered the act of the principal […]
30-5-8-1. Effect of Acts Performed Under Power of Attorney
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 […]
30-5-8-2. Presumption of Validity; Actual Knowledge of Invalidity
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.
30-5-8-3. Signature of Attorney in Fact as Attestation; Conclusive Proof
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 […]