Indiana Code 30-5-11-11. “Digital asset”; “electronic communication”; “custodian”; “user”; “transaction in or affecting interstate or foreign commerce”; exclusive authority
(1) the electronic record for an electronic power of attorney is a “digital asset” as defined in IC 32-39-1-10;
Terms Used In Indiana Code 30-5-11-11
- 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
- Contract: A legal written agreement that becomes binding when signed.
- 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) the digital or electronic transfer of an electronic record for an electronic power of attorney between any two (2) persons other than the principal and principal’s attorney or the principal and an attorney in fact is an “electronic communication” as defined in 18 U.S.C. § 2510(12) or IC 32-39-1-12;
(4) a custodian of an electronic power of attorney is also a “custodian” as defined in IC 32-39-1-8; and
(5) the:
(A) principal of an electronic power of attorney;
(B) attorney in fact;
(C) attorney representing a principal or attorney in fact; or
(D) other person with authorized possession of or authorized access to the electronic record for an electronic power of attorney;
is a “user” for purposes of IC 32-39 if the person contracts with another person to store the electronic record for the electronic power of attorney.
(b) The execution or revocation of an electronic power of attorney may be a contract of a “transaction in or affecting interstate or foreign commerce” for purposes of the federal E-Sign Act (15 U.S.C. § 7001).
(c) The execution or revocation of an electronic power of attorney is subject to IC 26-2-8 unless there is a conflict between IC 26-2-8 and any provision contained in this article. In the event of a conflict between IC 26-2-8 and a provision of this article, the provision of this article shall control.
As added by P.L.40-2018, SEC.4.