What is the statute of power of attorney in Indiana?

Asked by: Carrie Stokes  |  Last update: October 4, 2023
Score: 4.1/5 (27 votes)

Code § 30-5-2-7. "Power of attorney" means a writing or other record that grants authority to an attorney in fact or agent to act in place of a principal, whether the term "power of attorney" is used.

What are the rules for power of attorney in Indiana?

Please note that Indiana law has very specific requirements for a Power of Attorney to be valid. The member's signature must be witnessed and attested to by a Notary Public. The Notary Public must also sign the document along with their printed name and the notarial seal.

Does a POA expire in Indiana?

POAs expire after five years. Therefore, every five years your client will need to renew the POA.

Who can override a power of attorney in Indiana?

A Power of Attorney can be overridden by a court-appointed guardian or conservator and the grantor if they maintain decision-making capacity. In addition, a person with the overriding power of attorney can make decisions and take actions that may supersede those of the existing agent designated by the principal.

How do I get rid of power of attorney in Indiana?

Under Indiana law, a POA can be revoked by the principal by executing a written document that specifically identifies the POA to be revoked and is signed by the principal. The AIF also has to be notified that the POA has been revoked. The most common type of written instrument revoking a POA is a new POA.

How to get Power of Attorney In Indiana

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What is the difference between guardianship and power of attorney in Indiana?

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

Does Indiana POA require witnesses?

The POA typically must be in writing and notarized — or signed with two witnesses present. (For a medical POA, only one witness is legally required, and a minor child POA has no legal requirement but notarization is recommended.)

What is durable power of attorney paperwork Indiana?

An Indiana durable power of attorney form can be used to appoint a representative or “agent” to exercise control over a person's finances. The agent will have ultimate control, if selected, to decide whatever they want to do as far as making business decisions on behalf of the principal.

What is Article 5 of the Indiana Code Title 30?

Terms Used In Indiana Code > Title 30 > Article 5 - Powers of Attorney. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

What is power of attorney for child Indiana?

Power of Attorney Delegating Parental Powers for Minor Child

IC 29-3-9-1(c) provides that a parent may delegate any powers regarding health care, support, custody, or property of the minor to another person.

What is Article 12 in Indiana?

The militia shall consist of all able bodied white male persons, between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States, or of this State; and shall be organized, officered, armed, equipped, and trained, in such manner as may be provided by law.

What is Section 23 Indiana Constitution?

Section 23. The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.

What is Article 32 Indiana Constitution?

Article I, § 32 of the Indiana Constitution provides that “[t]he people shall have a right to bear arms, for the defense of themselves and the State.” Indiana courts have interpreted this provision to allow an individual to possess firearms for purposes of self-defense and defense of the state, subject to reasonable ...

What is a power of attorney for finances in Indiana?

An Indiana general power of attorney form grants a third party the authority to act on the principal's behalf for any type of financial decision within the state. The difference between this designation and the durable power of attorney is that this document becomes void if the principal should become incapacitated.

What does power of attorney durable mean?

A durable power of attorney remains in effect until the person who grants it dies or cancels it. It does not need to be renewed over time. Also called DPA.

Does Indiana POA have to be notarized?

The rules vary in each state; however, in Indiana, your Power of Attorney will need to be signed by a notary public. If your agent(s) will engage in real estate transactions, the Power of Attorney will need to be signed before a notary and filed or recorded with the county.

Is a notarized document legally binding in Indiana?

Is a Notarized Document Legal in Court? A document that's notarized is a secure way to sign a contract, but the document will still be legally binding and upheld in court without being notarized. It's important to be careful how you word the document, as you'll need to include all essential terms.

What are the different types of power of attorney in Indiana?

There are four major types of powers of attorney, which include: conventional, durable, minor child, and medical.

What is the alternative to guardianship in Indiana?

Supported Decision Making is an alternative to guardianship where a person selects supporters to assist the person in the decision-making process. It is a process of supporting or accommodating an adult in the decision-making process to promote greater self-determination.

What does guardianship mean in Indiana?

Legal guardianship. Page 1. Legal guardianship. What is guardianship? Legal guardianship is a judicially created relationship between a child and responsible adult in which the guardian assumes many of the rights and responsibilities that customarily would reside with the child's parents.

What is guardianship in the state of Indiana?

Legal Guardianship in Indiana. Indiana guardianships authorize a person to care for an incapacitated or disabled adult or minor child. Depending on the nature of the guardianship, care can involve attending to the ward's personal needs, managing financial affairs, or both.

What is Article 7 of Indiana Constitution?

Section 1. The Judicial power of the State shall be vested in a Supreme Court, in Circuit Courts, and in such inferior Courts as the General Assembly may establish.

What is Article 15 of the Indiana Constitution?

Every person elected or appointed to any office under this Constitution, shall, before entering on the duties thereof, take an oath or affirmation, to support the Constitution of this State, and of the United States, and also an oath of office.

What is Article 6 of Indiana Constitution?

All State officers shall, for crime, incapacity, or negligence, be liable to be removed from office, either by impeachment by the House of Representatives, to be tried by the Senate, or by a joint resolution of the General Assembly; two-thirds of the members elected to each branch voting, in either case, therefor.

What is Article 11 of the Indiana Constitution?

- Corporations. Section 1. The General Assembly shall not have power to establish, or incorporate, any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this Constitution.