2015 Indiana Code TITLE 30. TRUSTS AND FIDUCIARIES ARTICLE 5. POWERS OF ATTORNEY CHAPTER 3. GENERAL PROVISIONS
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IC 30-5-3
Chapter 3. General Provisions
IC 30-5-3-1
Rules of law; interpretation and application; conflict with terms of
power
Sec. 1. The rules of law contained in this article shall be
interpreted and applied to the terms of a power of attorney to
implement the intent of the principal and the purposes of the power
of attorney. If the rules of law conflict with the terms of the power of
attorney, the terms of the power of attorney control unless the rules
of law clearly prohibit or restrict what the terms of the power of
attorney purport to authorize.
As added by P.L.149-1991, SEC.2.
IC 30-5-3-2
Validity of power; execution under certain laws
Sec. 2. A power of attorney is valid if the power of attorney was
valid at the time the power of attorney was executed under any of the
following:
(1) This article.
(2) IC 30-2-11 (repealed).
(3) Common law.
(4) The law of another state or foreign country.
(5) The requirements for a military power of attorney under 10
U.S.C. 1044b.
As added by P.L.149-1991, SEC.2. Amended by P.L.143-2009,
SEC.24.
IC 30-5-3-3
Recording power of attorney
Sec. 3. (a) Except as provided in subsection (b), an attorney in fact
may act under a power of attorney without recording the power of
attorney with the county recorder.
(b) An attorney in fact shall record the power of attorney
authorizing the execution of a document that must be recorded before
presenting the document for recording.
(c) A county recorder may not accept a document for recording if
the document:
(1) was executed; and
(2) is presented;
by an attorney in fact whose power of attorney is unrecorded.
(d) A document creating a power of attorney must comply with
recording requirements, including notary and preparation statements,
to be recorded under this section.
(e) A document that is presented by an attorney in fact for
recording must reference the book and page or instrument number
where the instrument creating the power of attorney is recorded
before the document may be presented by the attorney in fact.
Indiana Code 2015
As added by P.L.149-1991, SEC.2.
IC 30-5-3-4
Guardians; nomination; appointment; powers and duties;
amendment or revocation of power; hearing; notice
Sec. 4. (a) A principal may nominate a guardian for consideration
by the court if protective proceedings for the principal's person or
estate are commenced. The court shall make an appointment in
accordance with the principal's most recent nomination in a power of
attorney except for good cause or disqualification.
(b) A guardian does not have power, duty, or liability with respect
to property or personal health care decisions that are subject to a valid
power of attorney. A guardian has no power to revoke or amend a
valid power of attorney unless specifically directed to revoke or
amend the power of attorney by a court order on behalf of the
principal. A court may not enter an order to revoke or amend a power
of attorney without a hearing. Notice of a hearing held under this
section shall be given to the attorney in fact.
As added by P.L.149-1991, SEC.2.
IC 30-5-3-5
Construction of power and instruction to attorney in fact; petition;
notice of hearing
Sec. 5. Upon petition by an interested person, the court may
construe a power of attorney and instruct the attorney in fact if the
court finds that the principal lacks the capacity to control or revoke
the power of attorney. Notice of a hearing on a petition under this
subsection shall be given as the court directs.
As added by P.L.149-1991, SEC.2.
IC 30-5-3-6
Interpretation under the law of the jurisdiction indicated in the
power of attorney
Sec. 6. The meaning and effect of a power of attorney are
determined by the law of the jurisdiction indicated in the power of
attorney. In the absence of an indication of jurisdiction, the meaning
and effect of a power of attorney are determined by the law of the
jurisdiction in which the power of attorney was executed.
As added by P.L.143-2009, SEC.25.
IC 30-5-3-7
Effect on the Electronic Signatures in Global and National
Commerce Act
Sec. 7. This article modifies, limits, and supersedes the Electronic
Signatures in Global and National Commerce Act (15 U.S.C. 7001 et
seq.). However, this article does not:
(1) modify, limit, or supersede 15 U.S.C. 7001(c); or
(2) authorize the electronic delivery of a notice described in 15
U.S.C. 7003(b).
Indiana Code 2015
As added by P.L.143-2009, SEC.26.
Indiana Code 2015
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