Indiana Code 29-3-1-5. “Durable power of attorney”
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Sec. 5. “Durable power of attorney” means a power of attorney that:
(2) provides that the power survives the person’s incompetence; and
(1) is executed by an incapacitated person before that person became an incapacitated person;
Terms Used In Indiana Code 29-3-1-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(3) is executed in accordance with the law in effect in the jurisdiction in which it was executed on the date it was executed.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.57.