What Is an Indiana Power of Attorney?
An Indiana power of attorney is a legally binding agreement allowing one person to act on behalf of another. The principal selects a trusted agent to handle financial, medical, or legal matters. In Indiana, the principal must be at least 18 years old and of sound mind when creating this contract. The POA document includes instructions and limitations to protect the principal’s wishes.
Use our free power of attorney forms for Indiana to create a compliant contract. Our templates include information and terms to ensure your POA is enforceable.
Types of Powers of Attorney in Indiana
Further specify the purpose and authorities in your agreement with the different types of powers of attorney. In Indiana, your POA includes detailed information about the duration and specifics of the agent’s authority. Consider the following documents to ensure your arrangement meets your needs.
Durable vs. Non-Durable
Select whether your agent maintains authority after your incapacitation by stating your POA as durable or non-durable. In a durable power of attorney, the principal can continue to act on your behalf even if you become incapacitated. A non-durable power of attorney automatically ends the agent’s abilities at the time of your incapacity. IN Code § 30-5-10-3 states that POAs created in the state are presumed durable unless stated otherwise.
Medical
A medical POA ensures you receive the health care treatments you want when you can’t communicate your wishes. You can give your medical agent the power to make medical decisions on your behalf, including the power to handle the following actions:
- accessing medical records
- authorizing life-sustaining treatments
- accepting pain management treatment
- hiring healthcare providers
- admitting or releasing the principal from medical facilities
Combine your medical POA with the health care directions in a living will to form an advance directive. An Indiana advance directive communicates your preferences to ensure you receive the care you want. IN Code § 16-36-7-28 outlines the requirements for an Indiana medical POA and advance directive. This includes the need for acknowledgement from two adult witnesses or a notary public.
Financial
An Indiana financial POA allows the agent to handle your monetary assets or personal property. With this arrangement, your agent can pay your bills, sell your property, or manage your accounts. Many people use financial POAs to protect their accounts or assets when they cannot do so, such as during a military deployment or incapacitation. The general powers included in a financial POA are listed in IN Code § 30-5-5 and may include:
- real estate & personal property transactions
- investment and bond transactions
- bank account access
- insurance transactions
- gifting assets
Durable (Financial)
Ensures the validity of your document even if you lose the capacity to make your own decisions.
Signing Requirements: Notary public or before witnesses.
Medical
Offers legal guidance to your caregivers on how to proceed with your medical care.
Signing Requirements: Notary public or two witnesses (IN Code § 16-36-7-28).
Limited
Gives a third party certain limited powers to manage your affairs.
Signing Requirements: Notary public or before witnesses.
Non-Durable (General)
Provides an agent with the broad authority to act on the principal’s behalf in predominantly financial matters.
Signing Requirements: Notary public or before witnesses.
Springing
Comes into effect at a future time and only when a specific event occurs, such as the incapacitation of the principal.
Signing Requirements: Notary public or before witnesses.
Vehicle (Form 1940)
The agent may execute vehicle-related transactions such as transfer of ownership on behalf of the principal.
Signing Requirements: Notary public.
Tax (Form POA - 1)
Grants an individual or entity you appoint the legal capacity to file taxes and manage other tax issues on your behalf.
Signing Requirements: Taxpayer.
Real Estate
Use this document to authorize an agent to handle real estate matters.
Signing Requirements: Notary public or two witnesses.
Minor (Child)
Use this form to delegate parental responsibilities for up to 12 months.
Signing Requirements: Notary public.
Revocation
Use to to cancel the authority previously granted to an agent.
Signing Requirements: Notary public (recommended).
How to Write a Power of Attorney for Indiana
Writing your Indiana power of attorney requires you to provide ample information and meet state guidelines. Use the following steps to prepare your document and ensure an enforceable contract:
- Name the parties: Provide the principal’s and agent’s full legal names and addresses. List successor agents or co-agents when applicable.
- Grant general power: Choose which of the listed general authorities you want to give your agent. This section typically includes access to medical records, financial accounts, or personal property.
- Specify authorities: Authorities not covered in the general powers can be written in as special instructions. Note any specific preferences, processes, or wishes for your agent.
- Set effective date: Note whether you want your agreement to go into effect immediately. Under IN Code § 30-5-4-2, POAs are considered effective at the time of signing unless a start date or triggering event is listed in the agreement.
- Finalize and sign: Review your contract and supporting documents for accuracy and compliance. Then, sign, date, and acknowledge the form as necessary to make it enforceable and active.
Indiana Power of Attorney Requirements & Legal Considerations
POA contracts must include compliant terms, processes, and acknowledgements. Check that your document meets Indiana power of attorney requirements and legal considerations.
Notarization
A general POA must have the principal’s signature and the acknowledgement of a notary public or two witnesses. Under IN Code § 30-5-4-1, the notarization ensures the POA is considered genuine. Check for additional witnesses or notarization requirements that may apply to your specific type of POA.
Filing
Filing a power of attorney is not always required in Indiana; however, it can help prove the contract’s validity. In addition, it’s necessary to file any POA that gives the agent authority over real estate transactions. IN Code § 30-5-3-3 outlines the laws and offices for filing your Indiana power of attorney. Medical and financial institutions may also need a copy of your POA to verify your agent’s authority.
Revocation
If your power of attorney no longer meets your needs, Indiana offers a few options for revocation, as outlined in IN Code § 30-5-10-1. The principal can end the POA agreement anytime by providing the agent a written and signed notice. The principal should also provide copies of the revocation to the third parties who relied on the previous POA, such as medical and financial institutions.
In addition, the agent can resign if they are no longer able or willing to serve. The agent’s resignation letter must be signed and delivered to the principal.
Other revocations may occur according to the terms of the agreement. Some POAs include a clause that ends the agent’s duties after a set date or once it fulfils its purpose. In a non-durable POA, the principal’s incapacitation triggers the termination of the agent’s authority.
Cases where the principal’s spouse serves as the agent automatically end if there’s a divorce or legal separation. Regardless of the method, actions taken by the agent in good faith before they received notice of revocation remain valid.
