Indiana Code 30-5-11-10. Prima facie evidence of validity
(1) prima facie evidence of the validity of the electronic power of attorney; and
Terms Used In Indiana Code 30-5-11-10
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(b) If an electronic power of attorney appears to have been executed in compliance with this chapter, a complete converted copy of the electronic power of attorney is prima facie evidence of:
(1) the validity of the electronic power of attorney; and
(2) the absence of unauthorized alteration or tampering.
(c) Except when required by an order of the court, a custodian or other person in possession of an electronic record or electronic power of attorney is not required to make or issue an affidavit of regularity concerning the custody of the electronic record for:
(1) an electronic power of attorney; or
(2) a complete converted copy of an electronic power of attorney.
(d) Notwithstanding subsection (c), any:
(1) custodian; or
(2) other person in possession of an electronic record or electronic power of attorney;
may make an affidavit of regularity if any objection is asserted or any doubt is raised regarding the validity of the electronic power of attorney or about any alleged unauthorized alteration of the electronic power of attorney.
(e) The presumption of regularity created by this section shall apply to an electronic record or an electronic power of attorney regardless of the number of custodians or other persons who:
(1) hold;
(2) receive; or
(3) transfer to another custodian, authorized person, or principal;
an electronic record or electronic power of attorney.
(f) The presumption of regularity created by this section for an electronic record or electronic power of attorney may be rebutted by:
(1) clear and convincing evidence; or
(2) evidence that the principal executed another electronic power of attorney.
As added by P.L.40-2018, SEC.4. Amended by P.L.10-2019, SEC.124.