2013 Indiana Code
TITLE 30. TRUSTS AND FIDUCIARIES
ARTICLE 5. POWERS OF ATTORNEY
CHAPTER 4. CREATION OF A POWER OF ATTORNEY
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IC 30-5-4
Chapter 4. Creation of a Power of Attorney
IC 30-5-4-1
Validity of power; conditions
Sec. 1. To be valid, a power of attorney must meet the following
conditions:
(1) Be in writing.
(2) Name an attorney in fact.
(3) Give the attorney in fact the power to act on behalf of the
principal.
(4) Be signed by the principal or at the principal's direction in
the presence of a notary public.
(5) In the case of a power of attorney signed at the direction of
the principal, the notary must state that the individual who
signed the power of attorney on behalf of the principal did so at
the principal's direction.
As added by P.L.149-1991, SEC.2. Amended by P.L.101-2008,
SEC.9.
IC 30-5-4-2
Time power becomes effective; incapacity of the principal
Sec. 2. (a) Except as provided in subsection (b), a power of
attorney is effective on the date the power of attorney is signed in
accordance with section 1(4) of this chapter.
(b) A power of attorney may:
(1) specify the date on which the power will become effective;
or
(2) become effective upon the occurrence of an event.
(c) If a power of attorney becomes effective upon the principal's
incapacity and:
(1) the principal has not authorized a person to determine
whether the principal is incapacitated; or
(2) the person authorized is unable or unwilling to make the
determination;
the power of attorney becomes effective upon a determination that
the principal is incapacitated that is set forth in a writing or other
record by a physician, licensed psychologist, or judge.
(d) A person authorized by the principal in the power of attorney
to determine that the principal is incapacitated may:
(1) act as the principal's personal representative under the
Health Insurance Portability and Accountability Act of 1996 (42
U.S.C. 201 et seq.) and any rules or regulations issued under
that act; and
(2) obtain access to the principal's health care information and
communicate with the principal's health care provider.
As added by P.L.149-1991, SEC.2. Amended by P.L.101-2008,
SEC.10; P.L.143-2009, SEC.27.
IC 30-5-4-3
More than one attorney in fact; independent actions; failure or
cessation of service
Sec. 3. (a) Except as otherwise stated in the power of attorney, if
more than one (1) attorney in fact is named, each attorney in fact may
act independently of the other attorney in fact in the exercise of a
power or duty.
(b) Except as otherwise stated in the power of attorney, if:
(1) more than one (1) attorney in fact is named; and
(2) one (1) attorney in fact fails to serve or ceases to serve;
the remaining attorney in fact may continue to act under the power
of attorney without a successor for the attorney in fact who failed to
serve or ceased to serve.
As added by P.L.149-1991, SEC.2.
IC 30-5-4-4
Failure or cessation of service; circumstances; successor attorney
in fact; powers
Sec. 4. (a) Except as stated otherwise in the power of attorney, an
attorney in fact fails to serve or ceases to serve when:
(1) the attorney in fact dies;
(2) the attorney in fact resigns;
(3) the attorney in fact is adjudged incapacitated by a court;
(4) the attorney in fact cannot be located upon reasonable
inquiry;
(5) the attorney in fact, if at one time the principal's spouse,
legally is no longer the principal's spouse; or
(6) a physician familiar with the condition of the current
attorney in fact certifies in writing to the immediate successor
attorney in fact that the current attorney in fact is unable to
transact a significant part of the business required under the
power of attorney.
(b) Except as stated otherwise in the power of attorney, if the
replaced attorney in fact reappears or is subsequently able to transact
business, the successor attorney in fact shall remain as the attorney
in fact.
(c) Except as otherwise stated in the power of attorney, an
attorney in fact designated as a successor has the powers granted
under the power of attorney to the original attorney in fact.
(d) Unless a power of attorney provides a different method for an
attorney in fact's resignation, an attorney in fact may resign by giving
notice to the principal and, if the principal is incapacitated:
(1) to:
(A) the principal's guardian, if a guardian has been appointed
for the principal; and
(B) a co-attorney in fact or successor attorney in fact; or
(2) if there is no person described in subdivision (1), to:
(A) the principal's caregiver;
(B) another person reasonably believed by the attorney in
fact to have sufficient interest in the principal's welfare; or
(C) a governmental agency having authority to protect the
welfare of the principal.
As added by P.L.149-1991, SEC.2. Amended by P.L.143-2009,
SEC.28; P.L.6-2010, SEC.21.
IC 30-5-4-5
Reimbursement of expenses; fee for services
Sec. 5. (a) Except as stated otherwise in the power of attorney, an
attorney in fact is entitled to reimbursement of all reasonable
expenses advanced by the attorney in fact on behalf of the principal.
(b) Except as otherwise stated in the power of attorney, an
attorney in fact is entitled to a reasonable fee for services rendered.
The attorney in fact shall, not later than twelve (12) months after the
date the service is rendered, notify the principal in writing of the
amount claimed as compensation for rendering the service.
As added by P.L.149-1991, SEC.2.
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