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 recording captured or made during part or all of the execution of an electronic power of attorney;
may be admissible as evidence under this section.
(b) Recordings for images described in subsection (a) may be admissible as evidence of the following:
(1) The proper execution of an electronic power of attorney.
(2) The intentions of the principal.
(3) The mental state or capacity of a principal.
(4) The authenticity of an electronic power of attorney.
(5) Matters that are determined by a court to be relevant to the probate of an electronic power of attorney.
As added by P.L.185-2021, SEC.30.
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