Indiana Code 30-5-11-5. Amendment of electronic power of attorney; revocation of electronic power of attorney
(1) By complying with a method provided in the terms of the power of attorney and making either an electronic signature or an ordinary signature on paper to confirm the amendment or the revocation.
Terms Used In Indiana Code 30-5-11-5
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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
(A) Using the principal’s electronic signature on an electronic record to manifest clear and convincing intent on behalf of the principal to amend or revoke the power of attorney and to specify the desired amendments or revocation.
(B) Using the principal’s written signature on a paper record to manifest clear and convincing intent on behalf of the principal to amend or revoke the power of attorney and to specify the desired amendments or revocation.
(C) By:
(i) permanently deleting each copy of the electronic record for the electronic power of attorney that is in the principal’s possession or control; or
(ii) rendering each copy of the electronic record unreadable and nonretrievable;
if the principal is not using a custodian to store the electronic record.
(D) By transmitting or giving to the custodian of the electronic power of attorney a written or electronic record of the desired amendment or revocation that:
(i) is signed by the principal; and
(ii) directs the custodian to permanently delete the electronic record for the electronic power of attorney or to render that electronic record unreadable and nonretrievable;
if the principal is using a custodian to store the electronic record.
If the principal knows that the electronic record for the electronic power of attorney or a complete converted copy of the electronic power of attorney is in the possession of a custodian, the principal has a duty to use reasonable efforts to provide the custodian with written electronic evidence of the amendment or revocation of the electronic power of attorney.
(b) If the principal has possession of the electronic record for an electronic power of attorney that the principal intends to amend or revoke, the principal shall make and save a complete converted copy of the electronic power of attorney before making and saving an amendment or revocation of the electronic power of attorney under subsection (a). If a custodian has possession of an electronic record for an electronic power of attorney that the principal intends to amend or revoke, the custodian shall make and save a complete converted copy of the electronic power of attorney as it existed originally before rendering the electronic record or electronic power of attorney unreadable or nonretrievable for potential use in evidence in the event that the validity of an amendment or revocation is later challenged.
As added by P.L.40-2018, SEC.4. Amended by P.L.10-2019, SEC.121.