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 for recording.
(c) A county recorder may not accept a document for recording if the document:
(1) was executed; and
(2) is presented;
by an attorney in fact whose power of attorney is unrecorded.
(d) A document creating a power of attorney must comply with recording requirements, including notary and preparation statements, to be recorded under this section.
(e) A document that is presented by an attorney in fact for recording must reference the book and page or instrument number where the instrument creating the power of attorney is recorded before the document may be presented by the attorney in fact.
As added by P.L.149-1991, SEC.2.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
30-5-3-1. Rules of Law; Interpretation and Application; Conflict With Terms of Power
30-5-3-2. Validity of Power; Execution Under Certain Laws
30-5-3-3. Recording Power of Attorney
30-5-3-5. Construction of Power and Instruction to Attorney in Fact; Petition; Notice of Hearing
30-5-3-6. Interpretation Under the Law of the Jurisdiction Indicated in the Power of Attorney
30-5-3-7. Effect on the Electronic Signatures in Global and National Commerce Act