Sec. 4.3. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020.

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Terms Used In Indiana Code 30-5-11-4.3

  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
     (b) Any person who, at the time of attestation, is competent to be a witness in this state may act as an attesting witness to the execution of an electronic power of attorney, and the witness’s subsequent incapacity will not impair the effectiveness of the power of attorney.

     (c) An electronic power of attorney is void if:

(1) a subscribing witness to the execution of the power of attorney has an interest in the power of attorney; and

(2) the power of attorney cannot be proved without the witness’s testimony of proof or the witness’s signature.

     (d) For purposes of this section, a person serving as a subscribing witness to the execution of an electronic power of attorney has an interest in an electronic power of attorney if:

(1) the power of attorney names the person as the principal’s attorney in fact or successor to the attorney in fact;

(2) the power of attorney grants a power or beneficial interest to the person other than appointment of the person as the principal’s attorney in fact or successor to the attorney in fact; or

(3) the witness is related to a person described in subdivision (1) or (2).

     (e) For purposes of this section, a witness is related to a person described in subsection (d)(1) or (d)(2) if the person is:

(1) the spouse of the witness; or

(2) a descendant of the witness.

As added by P.L.185-2021, SEC.27.

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