2024 Indiana Code
Title 30. Trusts and Fiduciaries
Article 5. Powers of Attorney
Chapter 8. Reliance Upon a Power of Attorney
30-5-8-8. Attorney in Fact; Signature Format; Recording Requirement
Sec. 8. (a) This section applies to an instrument executed under this article by an attorney in fact on a principal's behalf.
(b) As used in this section, "agent" has the same meaning as "attorney in fact" as defined in IC 30-5-2-2.
(c) A principal's power of attorney may authorize an attorney in fact to execute an instrument on the principal's behalf if a statement appears:
(1) above;
(2) beside; or
(3) below;
the attorney in fact's signature.
(d) A statement under subsection (c) must:
(1) identify the principal; and
(2) indicate that the attorney in fact is acting as the principal's agent under the power of attorney.
(e) Any of the following example signature formats comply with this section and indicate that the attorney in fact is acting as the principal's agent under the power of attorney:
(1) Attorney in fact's signature
(Principal's name) by (attorney in fact's name), agent
(2) Principal's signature signed by the attorney in fact
(Principal's name) by (attorney in fact's name), POA
(3) Attorney in fact's signature
(Principal's name) by (attorney in fact's name), AIF
(4) Principal's printed name
Attorney in fact's signature
By: (Attorney in fact's name), as attorney in fact
(5) Principal's printed name
Attorney in fact's signature
By: (Attorney in fact's name), agent
(6) Principal's printed name
Attorney in fact's signature
By: (Attorney in fact's name), POA
(7) Principal's printed name
Attorney in fact's signature
By: (Attorney in fact's name), AIF
The examples listed in this subsection are not an exhaustive list.
(f) If an attorney in fact executes a deed or other instrument that must be recorded in the office of a county recorder, the instrument may incorporate by reference part or all of the principal's power of attorney that was previously recorded under IC 30-5-3-3.
As added by P.L.99-2024, SEC.18.
