Sec. 8. (a) As used in this section, "destroy" means any action that:
(1) permanently deletes the electronic record associated with an electronic power of attorney; or
(2) renders the electronic record associated with an electronic power of attorney unreadable and nonretrievable.
(b) Any custodian or attorney holding an electronic power of attorney may destroy the electronic record associated with an electronic power of attorney and any accompanying document integrity evidence at any time after the fifth anniversary of the principal's death.
(c) Notwithstanding subsection (b), this section does not require a custodian, attorney, or other person in possession of a complete converted copy of an electronic power of attorney to destroy the complete converted copy of the electronic power of attorney.
As added by P.L.40-2018, SEC.4.
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