Sec. 1. The rules of law contained in this article shall be interpreted and applied to the terms of a power of attorney to implement the intent of the principal and the purposes of the power of attorney. If the rules of law conflict with the terms of the power of attorney, the terms of […]
Sec. 2. A power of attorney is valid if the power of attorney was valid at the time the power of attorney was executed under any of the following: (1) This article. (2) IC 30-2-11 (repealed). (3) Common law. (4) The law of another state or foreign country. (5) The requirements for a military power […]
Sec. 3. (a) Except as provided in subsection (b), an attorney in fact may act under a power of attorney without recording the power of attorney with the county recorder. (b) An attorney in fact shall record the power of attorney authorizing the execution of a document that must be recorded before presenting the document […]
Sec. 4. (a) A principal may nominate a guardian for consideration by the court if protective proceedings for the principal’s person or estate are commenced. The court shall make an appointment in accordance with the principal’s most recent nomination in a power of attorney except for good cause or disqualification. (b) A parent of a […]
Sec. 5. Upon petition by an interested person, the court may construe a power of attorney and instruct the attorney in fact if the court finds that the principal lacks the capacity to control or revoke the power of attorney. Notice of a hearing on a petition under this subsection shall be given as the […]
Sec. 6. The meaning and effect of a power of attorney are determined by the law of the jurisdiction indicated in the power of attorney. In the absence of an indication of jurisdiction, the meaning and effect of a power of attorney are determined by the law of the jurisdiction in which the power of […]
Sec. 7. This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.). However, this article does not: (1) modify, limit, or supersede 15 U.S.C. 7001(c); or (2) authorize the electronic delivery of a notice described in 15 U.S.C. 7003(b). As added by P.L.143-2009, SEC.26.
Sec. 8. (a) IC 32-39-2-6 applies to the right of an attorney in fact to access the content of an electronic communication of the principal. (b) IC 32-39-2-7 applies to the right of an attorney in fact to access: (1) a catalogue of electronic communications sent or received by the principal; and (2) a digital […]
