2023 Indiana Code
Title 30. Trusts and Fiduciaries
Article 5. Powers of Attorney
Chapter 4. Creation of a Power of Attorney
30-5-4-1.3. Attesting and Subscribing Witnesses; Validity

Sec. 1.3. (a) This section applies to a power of attorney executed in the presence of witnesses under section 1 of this chapter on or after March 31, 2020.

(b) Any person who, at the time of attestation, is competent to be a witness in this state may act as an attesting witness to the execution of a power of attorney. A subsequent incapacity of an attesting witness does not impair the effectiveness of a previously executed power of attorney.

(c) A power of attorney executed under section 1(a)(4)(B) of this chapter is void if:

(1) a subscribing witness to the execution of the power of attorney has an interest in the power of attorney as described in subsection (d); and

(2) the power of attorney cannot be proved without the witness's testimony or proof of the witness's signature as a witness.

(d) A person serving as a subscribing witness to the execution of a power of attorney has an interest in the power of attorney if:

(1) the power of attorney names the person as the principal's attorney in fact or successor to the attorney in fact;

(2) the power of attorney grants a power or beneficial interest to the person other than an appointment of the person as the principal's attorney in fact or successor to the attorney in fact; or

(3) the witness is related to a person described in subdivision (1) or (2).

(e) For purposes of this section, a witness is related to a person described in subdivision (1) or (2) if the person is:

(1) the spouse of the witness; or

(2) a descendant of the witness.

As added by P.L.185-2021, SEC.19.