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Chapter 1. Applicability
30-5-1-1. Powers Created After June 30, 1991 - Sec. 1. This article applies to all powers of attorney...
30-5-1-2. Powers Created Before July 1, 1991 - Sec. 2. This article applies to all powers of attorney...
Chapter 2. Definitions
30-5-2-1. Application of Definitions - Sec. 1. The definitions in this chapter apply throughout this...
30-5-2-1.5. "Account" - Sec. 1.5. "Account", for purposes of IC 30-5-5-6.5, has the...
30-5-2-1.8. "All Other Matters" - Sec. 1.8. "All other matters", for purposes of IC 30-5-5-6.5,...
30-5-2-2. "Attorney in Fact" - Sec. 2. "Attorney in fact" means the person designated to...
30-5-2-2.3. "Catalogue of Electronic Communications" - Sec. 2.3. "Catalogue of electronic communications" has the meaning set...
30-5-2-2.7. "Content of an Electronic Communication" - Sec. 2.7. "Content of an electronic communication" has the meaning...
30-5-2-3. "Court" - Sec. 3. "Court" means the court having probate jurisdiction. As...
30-5-2-3.5. "Digital Asset" - Sec. 3.5. "Digital asset" has the meaning set forth in...
30-5-2-3.6. "Directed Paralegal" - Sec. 3.6. "Directed paralegal" means a nonlawyer assistant who is...
30-5-2-3.8. "Financial Exploitation" - Sec. 3.8. "Financial exploitation", for purposes of IC 30-5-5-6.5, has...
30-5-2-4. "Health Care" - Sec. 4. "Health care" means any medical care, treatment, service,...
30-5-2-5. "Health Care Provider" - Sec. 5. "Health care provider" means the physician who has...
30-5-2-5.5. "Internal Revenue Code" - Sec. 5.5. Notwithstanding IC 1-1-4-4 and IC 6-3-1-11, "Internal Revenue...
30-5-2-6. "Person" - Sec. 6. "Person" means: (1) an individual at least eighteen...
30-5-2-7. "Power of Attorney" - Sec. 7. "Power of attorney" means a writing or other...
30-5-2-8. "Principal" - Sec. 8. "Principal" means: (1) an individual: (A) who is:...
30-5-2-9. "Specified Adult" - Sec. 9. "Specified adult", for purposes of IC 30-5-5-6.5, has...
30-5-2-10. "Trusted Contact Person" - Sec. 10. "Trusted contact person", for purposes of IC 30-5-5-6.5,...
Chapter 3. General Provisions
30-5-3-1. Rules of Law; Interpretation and Application; Conflict With Terms of Power - Sec. 1. The rules of law contained in this article...
30-5-3-2. Validity of Power; Execution Under Certain Laws - Sec. 2. A power of attorney is valid if the...
30-5-3-3. Recording Power of Attorney - Sec. 3. (a) Except as provided in subsection (b), an...
30-5-3-4. Guardians; Nomination; Appointment; Powers and Duties; Amendment or Revocation of Power; Hearing; Notice - Sec. 4. (a) A principal may nominate a guardian for...
30-5-3-5. Construction of Power and Instruction to Attorney in Fact; Petition; Notice of Hearing - Sec. 5. Upon petition by an interested person, the court...
30-5-3-6. Interpretation Under the Law of the Jurisdiction Indicated in the Power of Attorney - Sec. 6. The meaning and effect of a power of...
30-5-3-7. Effect on the Electronic Signatures in Global and National Commerce Act - Sec. 7. This article modifies, limits, and supersedes the Electronic...
30-5-3-8. Right of Attorney in Fact to Access Principal's Electronic Communications and Digital Assets - Sec. 8. (a) IC 32-39-2-6 applies to the right of...
Chapter 4. Creation of a Power of Attorney
30-5-4-1. Validity of Power; Conditions - Sec. 1. (a) To be valid, a power of attorney...
30-5-4-1.3. Attesting and Subscribing Witnesses; Validity - Sec. 1.3. (a) This section applies to a power of...
30-5-4-1.5. Witnesses; Counterparts; Supervision of the Execution - Sec. 1.5. (a) This section applies to a power of...
30-5-4-1.7. Self-Proving Clause; Counterparts - Sec. 1.7. (a) This section applies to a power of...
30-5-4-1.9. Admissibility of Recordings and Images - Sec. 1.9. (a) Subject to the Indiana Rules of Evidence...
30-5-4-2. Time Power Becomes Effective; Incapacity of the Principal - Sec. 2. (a) Except as provided in subsection (b), a...
30-5-4-3. More Than One Attorney in Fact; Independent Actions; Failure or Cessation of Service - Sec. 3. (a) Except as otherwise stated in the power...
30-5-4-4. Failure or Cessation of Service; Circumstances; Successor Attorney in Fact; Powers - Sec. 4. (a) Except as stated otherwise in the power...
30-5-4-5. Reimbursement of Expenses; Fee for Services - Sec. 5. (a) Except as stated otherwise in the power...
Chapter 5. Powers
30-5-5-1. Incorporation of Powers; References; Similar or Overlapping Powers; Modification - Sec. 1. (a) An attorney in fact has a power...
30-5-5-2. Real Property Transactions - Sec. 2. (a) Language conferring general authority with respect to...
30-5-5-3. Tangible Personal Property Transactions - Sec. 3. (a) Language conferring general authority with respect to...
30-5-5-4. Bond, Share, and Commodity Transactions - Sec. 4. (a) Language conferring general authority with respect to...
30-5-5-4.5. Retirement Plans - Sec. 4.5. (a) Language conferring general authority with respect to...
30-5-5-5. Banking Transactions - Sec. 5. (a) Language conferring general authority with respect to...
30-5-5-6. Business Operating Transactions - Sec. 6. (a) Language conferring general authority with respect to...
30-5-5-6.5. Definitions - Sec. 6.5. (a) The following definitions apply throughout this section:...
30-5-5-7. Insurance Transactions - Sec. 7. (a) Language conferring general authority with respect to...
30-5-5-7.5. Transfer on Death Transfers - Sec. 7.5. (a) Language conferring general authority with respect to...
30-5-5-8. Beneficiary Transactions - Sec. 8. (a) Language conferring general authority with respect to...
30-5-5-9. Gift Transactions - Sec. 9. (a) Language conferring general authority with respect to...
30-5-5-10. Fiduciary Transactions - Sec. 10. (a) Language conferring general authority with respect to...
30-5-5-11. Claims and Litigation - Sec. 11. (a) Language conferring general authority with respect to...
30-5-5-12. Family Maintenance - Sec. 12. (a) Language conferring general authority with respect to...
30-5-5-13. Benefits From Military Service - Sec. 13. (a) Language conferring general authority with respect to...
30-5-5-14. Records, Reports, and Statements - Sec. 14. (a) Language conferring general authority with respect to...
30-5-5-14.5. Powers of Attorney in Fact Under Language Conferring General Authority With Respect to Electronic Records, Reports, and Statements - Sec. 14.5. (a) Language conferring general authority with respect to...
30-5-5-15. Estate Transactions - Sec. 15. (a) Language conferring general authority with respect to...
30-5-5-16. Health Care Powers; Religious Tenets; Funeral Planning Declaration - Sec. 16. (a) This section does not prohibit an individual...
30-5-5-17. Consent to or Refusal of Health Care - Sec. 17. (a) If the attorney in fact has the...
30-5-5-18. Delegation of Authority - Sec. 18. Language conferring general authority with respect to delegating...
30-5-5-19. All Other Matters - Sec. 19. Language conferring general authority with respect to all...
Chapter 6. Duties of the Attorney in Fact
30-5-6-1. Exercise of Powers Not Required - Sec. 1. The attorney in fact is not required to...
30-5-6-2. Due Care to Act for Benefit of Principal - Sec. 2. Except as otherwise stated in the power of...
30-5-6-3. Fiduciary Capacity; Exercise of All Powers - Sec. 3. An attorney in fact shall exercise all powers...
30-5-6-4. Records of Transactions; Accounting - Sec. 4. (a) The attorney in fact shall keep complete...
30-5-6-4.1. Judicial Review and Settlement of an Account; Attorney in Fact - Sec. 4.1. (a) An attorney in fact is entitled to...
30-5-6-4.2. Claim Against an Attorney in Fact; Right to Recover - Sec. 4.2. (a) This section applies to a claim against...
30-5-6-4.5. Attorney in Fact's Authority to Hire Persons; Cost Incurred to Defend Actions of Attorney in Fact - Sec. 4.5. (a) An attorney in fact has the authority...
30-5-6-5. Notice to Health Care Providers of Power of Attorney - Sec. 5. The attorney in fact shall ascertain whether the...
Chapter 7. Duties of Health Care Providers
30-5-7-1. Application of Chapter - Sec. 1. This chapter applies to a health care provider...
30-5-7-2. Medical Records - Sec. 2. (a) A health care provider furnished with a...
30-5-7-3. Patient Lacking Capacity to Give Informed Consent; Consultation With Attorney in Fact - Sec. 3. Whenever a health care provider believes a patient...
30-5-7-4. Compliance With Decision of Attorney in Fact; Comfort Care; Unwillingness to Comply - Sec. 4. (a) A health care provider shall comply with...
30-5-7-5. Access to Medical Records by Attorney in Fact; Release of Information - Sec. 5. (a) A health care provider shall give an...
30-5-7-6. Anatomical Gifts, Autopsies, or Remains Disposition - Sec. 6. If a power of attorney authorizes the attorney...
Chapter 8. Reliance Upon a Power of Attorney
30-5-8-1. Effect of Acts Performed Under Power of Attorney - Sec. 1. All acts performed by an attorney in fact...
30-5-8-2. Presumption of Validity; Actual Knowledge of Invalidity - Sec. 2. A written power of attorney that purports to...
30-5-8-3. Signature of Attorney in Fact as Attestation; Conclusive Proof - Sec. 3. A signature of the attorney in fact that...
30-5-8-4. Investigation Not Required - Sec. 4. A person relying on the power of attorney...
30-5-8-5. Copy of Power of Attorney; Certification - Sec. 5. A copy of the power of attorney has...
30-5-8-6. Concurrent Appointments; Independent Execution - Sec. 6. Subject to IC 16-36-7, appointments made under this...
30-5-8-7. Reliance on Power of Attorney; Immunity - Sec. 7. (a) A person who acts in good faith...
Chapter 9. Liabilities
30-5-9-1. Negligent Exercise of Power; Bad Faith - Sec. 1. (a) An attorney in fact is liable for...
30-5-9-2. Attorney in Fact Benefiting From Act; Individual or Conflicting Interests - Sec. 2. (a) An attorney in fact who acts with...
30-5-9-3. Amended or Terminated Power of Attorney - Sec. 3. The attorney in fact is not liable for...
30-5-9-4. Errors of Judgment; Actions or Defaults of Other Persons - Sec. 4. The attorney in fact is not liable for...
30-5-9-5. Exoneration Clauses - Sec. 5. The principal may provide in the power of...
30-5-9-6. Successor Attorney in Fact Not Liable for Acts of Predecessor - Sec. 6. A successor attorney in fact who is named...
30-5-9-7. Co-Attorneys in Fact - Sec. 7. If two (2) or more attorneys in fact...
30-5-9-8. Good Faith Purchasers; Persons Accepting Authority of Attorney in Fact - Sec. 8. (a) A good faith purchaser from a person...
30-5-9-9. Persons Refusing to Accept Authority of Attorney in Fact - Sec. 9. (a) Except as provided in subsection (b), a...
30-5-9-10. Health Care Providers; Persons Acting in Good Faith Reliance on Direction or Decision of Attorney in Fact - Sec. 10. A health care provider or other person who...
30-5-9-11. Liability of an Attorney in Fact - Sec. 11. An attorney in fact that violates this article...
Chapter 10. Termination of the Power of Attorney
30-5-10-0.5. Termination of Power to Exercise Authority - Sec. 0.5. Unless the power of attorney provides otherwise, an...
30-5-10-1. Revocation of Power; Record - Sec. 1. (a) Except as otherwise stated in the power...
30-5-10-2. Specific Termination Date and Time - Sec. 2. If a power of attorney specifies a termination...
30-5-10-3. Incapacity of Principal - Sec. 3. (a) Except as otherwise stated in the power...
30-5-10-4. Death of Principal; Missing or Missing in Action; Attorney in Fact Retains Authority Over Anatomical Gifts, Autopsy, and Disposition of Body - Sec. 4. (a) Except as provided in subsections (b) and...
Chapter 11. Electronic Powers of Attorney
30-5-11-1. Purpose of Chapter; Presumptions - Sec. 1. The purpose of this chapter is to provide...
30-5-11-2. Exclusive Authority; Application of Other Statutes - Sec. 2. (a) Except as provided in subsection (b), electronic...
30-5-11-3. Definitions - Sec. 3. The following terms are defined for this chapter:...
30-5-11-4. Creation of Electronic Power of Attorney - Sec. 4. (a) A principal, or person acting at the...
30-5-11-4.1. Certain Powers of Attorney Created in Reliance on Supreme Court Order - Sec. 4.1. (a) This section applies to a power of...
30-5-11-4.3. Certain Electronic Powers of Attorney Created in Reliance on Supreme Court Order - Sec. 4.3. (a) This section applies to an electronic power...
30-5-11-4.5. Electronic Power of Attorney; Witnesses; Self-Proving Clauses; Presence Requirement - Sec. 4.5. (a) This section applies to an electronic power...
30-5-11-4.7. Electronic Power of Attorney; Form of Self-Proving Clause - Sec. 4.7. (a) This section applies to an electronic power...
30-5-11-4.9. Admissibility of Recordings and Images - Sec. 4.9. (a) Subject to the Indiana Rules of Evidence...
30-5-11-5. Amendment of Electronic Power of Attorney; Revocation of Electronic Power of Attorney - Sec. 5. (a) If the principal created or last amended...
30-5-11-6. Maintenance, Receipt, and Transfer of Electronic Power of Attorney - Sec. 6. (a) Any person, with the written authorization of...
30-5-11-7. Delivery of Electronic Power of Attorney Following Death of Principal - Sec. 7. (a) After a principal's death becomes known to...
30-5-11-8. "Destroy"; Destruction of Electronic Power of Attorney - Sec. 8. (a) As used in this section, "destroy" means...
30-5-11-9. Affidavit of Regularity - Sec. 9. Whenever this chapter requires or permits a custodian...
30-5-11-10. Prima Facie Evidence of Validity - Sec. 10. (a) An electronic record, including any accompanying document...
30-5-11-11. "Digital Asset"; "Electronic Communication"; "Custodian"; "User"; "Transaction in or Affecting Interstate or Foreign Commerce"; Exclusive Authority - Sec. 11. (a) For purposes of IC 29-3, IC 30-5,...