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 the execution of an electronic power of attorney, and the witness's subsequent incapacity will not impair the effectiveness of the power of attorney.
(c) An electronic power of attorney is void if:
(1) a subscribing witness to the execution of the power of attorney has an interest in the power of attorney; and
(2) the power of attorney cannot be proved without the witness's testimony of proof or the witness's signature.
(d) For purposes of this section, a person serving as a subscribing witness to the execution of an electronic power of attorney has an interest in an electronic power of attorney if:
(1) the power of attorney names the person as the principal's attorney in fact or successor to the attorney in fact;
(2) the power of attorney grants a power or beneficial interest to the person other than appointment of the person as the principal's attorney in fact or successor to the attorney in fact; or
(3) the witness is related to a person described in subdivision (1) or (2).
(e) For purposes of this section, a witness is related to a person described in subsection (d)(1) or (d)(2) if the person is:
(1) the spouse of the witness; or
(2) a descendant of the witness.
As added by P.L.185-2021, SEC.27.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 11. Electronic Powers of Attorney
30-5-11-1. Purpose of Chapter; Presumptions
30-5-11-2. Exclusive Authority; Application of Other Statutes
30-5-11-4. Creation of Electronic Power of Attorney
30-5-11-4.1. Certain Powers of Attorney Created in Reliance on Supreme Court Order
30-5-11-4.3. Certain Electronic Powers of Attorney Created in Reliance on Supreme Court Order
30-5-11-4.5. Electronic Power of Attorney; Witnesses; Self-Proving Clauses; Presence Requirement
30-5-11-4.7. Electronic Power of Attorney; Form of Self-Proving Clause
30-5-11-4.9. Admissibility of Recordings and Images
30-5-11-5. Amendment of Electronic Power of Attorney; Revocation of Electronic Power of Attorney
30-5-11-6. Maintenance, Receipt, and Transfer of Electronic Power of Attorney
30-5-11-7. Delivery of Electronic Power of Attorney Following Death of Principal
30-5-11-8. "Destroy"; Destruction of Electronic Power of Attorney
30-5-11-9. Affidavit of Regularity