Sec. 1. (a) To be valid, a power of attorney must meet the following conditions:
(1) Be in writing.
(2) Name an attorney in fact.
(3) Give the attorney in fact the power to act on behalf of the principal.
(4) Be signed by the principal or at the principal's direction:
(A) in the presence of a notary public; or
(B) in the presence of witnesses as described under sections 1.3, 1.5, 1.7, and 1.9 of this chapter.
(b) In the case of a power of attorney signed at the direction of the principal, the notary must state that the individual who signed the power of attorney on behalf of the principal did so at the principal's direction.
As added by P.L.149-1991, SEC.2. Amended by P.L.101-2008, SEC.9; P.L.185-2021, SEC.18.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 4. Creation of a Power of Attorney
30-5-4-1. Validity of Power; Conditions
30-5-4-1.3. Attesting and Subscribing Witnesses; Validity
30-5-4-1.5. Witnesses; Counterparts; Supervision of the Execution
30-5-4-1.7. Self-Proving Clause; Counterparts
30-5-4-1.9. Admissibility of Recordings and Images
30-5-4-2. Time Power Becomes Effective; Incapacity of the Principal
30-5-4-3. More Than One Attorney in Fact; Independent Actions; Failure or Cessation of Service
30-5-4-4. Failure or Cessation of Service; Circumstances; Successor Attorney in Fact; Powers