An Indiana power of attorney is a legal document that gives someone (the “agent”) the authority to make important financial or medical decisions for you (the “principal”) if you need help managing your affairs or become incapacitated due to injury or illness. The agent has a fiduciary duty to act in your best financial interest and in accordance with your wishes.
Laws & Requirements
Statute: Title 30, Article 5 of the Indiana Code.
Signing Requirements: The power of attorney must be signed in the presence of a notary public or at least two witnesses (Ind. Code § 30-5-4-1).
Indiana Power of Attorney – By Type
General (Financial) Power of Attorney
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.
Medical Power of Attorney
Offers legal guidance to your caregivers on how to proceed with your medical care.
Signing Requirements: Notary public or two witnesses (Ind. Code § 16-36-7-28).
Durable (Statutory) Power of Attorney
Ensures the validity of your document even if you lose the capacity to make your own decisions.
Signing Requirements: Notary public or before witnesses.
Vehicle Power of Attorney (Form 1940)
The agent may execute vehicle-related transactions such as transfer of ownership on behalf of the principal.
Signing Requirements: Notary public.
Tax Power of Attorney (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 Power of Attorney
Use this document to authorize an agent to handle real estate matters.
Signing Requirements: Notary public or two witnesses.
Minor (Child) Power of Attorney
Use this form to delegate parental responsibilities for up to 12 months.
Signing Requirements: Notary public.
