How do I create a power of attorney in Indiana?
Indiana has its own comprehensive POA statute, predating but parallel in many respects to the UPOAA.
1. Governing Law
Ind. Code §§ 30-5-1-1 to 30-5-10-4 (Indiana Power of Attorney Act). Healthcare appointments at Ind. Code §§ 16-36-1-1 et seq. Not a UPOAA state.
2. Types
3. Statutory Form
Ind. Code § 30-5-5 enumerates authorized powers that may be incorporated by reference (e.g., "to engage in real property transactions" grants the powers listed in § 30-5-5-2). No mandatory short form, but the enumeration approach gives effective standardization.
4. Execution Formalities
Under Ind. Code § 30-5-4-1, a POA must be in writing, name an attorney in fact, give the agent the power to act on principal's behalf, and be signed by the principal (or in principal's presence at direction). Section 30-5-4-1 also requires acknowledgment before a notary public. Witnesses are not statutorily required but are good practice.
5. Durability
Under § 30-5-4-2, a POA is presumed durable — it continues notwithstanding principal's later incapacity unless the POA expressly provides otherwise. Indiana follows the default-durable rule.
6. Acceptance by Third Parties
Ind. Code § 30-5-9-9 provides civil liability for third parties (including banks) who refuse to honor a properly executed POA — the third party may be liable for attorney fees and costs. This is a meaningful enforcement tool absent in many non-UPOAA states.
7. Revocation
Principal may revoke in writing (§ 30-5-10-1). Written notice to agent terminates authority. Record in the County Recorder's Office if real-estate POA was recorded. Death, divorce of spouse-agent (per § 30-5-10-3), or court-appointed guardian terminates.
8. Special Authorities
Section 30-5-5-9 requires express authorization for gifts. Beneficiary changes, trust creation/amendment, and survivorship rights also require specific grants. Indiana courts construe these narrowly.
This is legal information, not legal advice.
- Bank refuses POA and the § 30-5-9-9 acceptance remedy is needed
- Medicaid planning requires gifting authority in the POA
- Suspected exploitation of elderly principal by an agent
- Ind. Code § 30-5-1-1
- Ind. Code § 30-5-4-1
- Ind. Code § 30-5-4-2
- Ind. Code § 30-5-5-9
- Ind. Code § 30-5-9-9
- Ind. Code § 30-5-10-1
- Ind. Code § 16-36-1-7
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.