An Indiana general power of attorney (GPOA) grants an individual, referred to as the “principal,” the ability to delegate authority to another person, known as the “agent” or “attorney-in-fact,” to manage various financial matters, such as banking transactions and other monetary responsibilities.
This document is non-durable; it becomes void upon the principal’s incapacitation or death, while a durable power of attorney remains effective even if the principal becomes incapacitated, offering continued support in managing their affairs.
Laws — Title 30 Article 5 (Powers of Attorney).
Authority (Ind. Code § 30-5-5-18) – The principal authorizes the agent to delegate powers to others in writing; actions by the delegate bind the principal and those obliged to follow the agent’s instructions unless the delegation is revoked by the principal, another attorney-in-fact with current authority, the power of attorney expires, or termination is specified upon the agent’s failure to serve as provided by law.
Signing Requirements (Ind. Code § 30-5-4-1) – For a power of attorney to be valid, it must be in writing, name an attorney-in-fact, grant them the authority to act for the principal, and be signed by the principal in the presence of a notary public or witnesses.
Presumption of Durability (Ind. Code § 30-5-10-3) – Yes, in Indiana, a power of attorney is considered durable. Unless specified otherwise in the power of attorney document, the principal’s incapacity does not automatically terminate the power of attorney.