Sec. 1. (a) Except as otherwise stated in the power of attorney, an executed power of attorney may be revoked only by a written instrument of revocation that:

(1) identifies the power of attorney revoked; and

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Terms Used In Indiana Code 30-5-10-1

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • 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
(2) is signed by the principal.

     (b) A revocation under subsection (a) is not effective unless the attorney in fact or other person has actual knowledge of the revocation.

     (c) If an executed power of attorney was recorded under IC 30-5-3-3, the revocation of the power of attorney must:

(1) be recorded; and

(2) reference the book and page or instrument number where the instrument creating the power of attorney is recorded.

As added by P.L.149-1991, SEC.2.