Indiana Code 30-5-11-6. Maintenance, receipt, and transfer of electronic power of attorney
(1) the electronic record for an electronic power of attorney (and any accompanying document integrity evidence); or
Terms Used In Indiana Code 30-5-11-6
- 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.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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 principal may identify and designate an adult individual as the custodian of the electronic power of attorney within the electronic record associated with the electronic power of attorney.
(b) A custodian of an electronic power of attorney and any associated document integrity evidence has the following responsibilities:
(1) To use best practices to maintain custody of the electronic record for the electronic power of attorney and any associated document integrity evidence.
(2) To use best practices and commercially reasonable means to maintain the privacy and security of the electronic record for the electronic power of attorney.
(3) To guard against unauthorized disclosure or tampering with the electronic record.
(4) To maintain electronic and conceptual separation of different electronic records and different electronic powers of attorney associated with different principals if the custodian maintains two (2) or more electronic powers of attorney for different principals.
(5) To maintain the ability to promptly generate a complete converted copy of each electronic power of attorney and any associated document integrity evidence upon receipt of a written request for a complete converted copy by the living principal, the court, or any other authorized person.
(6) To promptly respond to a written instruction from the living principal or another person with written authorization originating from the living principal to transfer custody of the electronic power of attorney to a successor custodian.
(7) To transfer the entire electronic record of the electronic power of attorney to a successor custodian upon the receipt of a written instruction requesting the transfer of the entire electronic record of an electronic power of attorney to a successor custodian.
(8) To provide an executed delivery receipt to the outgoing custodian who transfers:
(A) the electronic record;
(B) the electronic power of attorney;
(C) any accompanying document integrity evidence; or
(D) the information pertaining to the format in which the electronic record or electronic power of attorney is received;
if the receiving custodian agrees to assume responsibility for an electronic record or an electronic power of attorney and all associated documents from an outgoing custodian.
(9) To relinquish control and possession of:
(A) the electronic record;
(B) the electronic power of attorney; or
(C) a complete converted copy of the electronic power of attorney if the custodian only possesses a complete converted copy;
to a person authorized by the principal to receive the items described in clauses (A) through (C).
(10) To comply with an order of the court requiring the electronic filing or delivery to the court of:
(A) the electronic power of attorney and any associated document integrity evidence; or
(B) a complete converted copy.
(11) To provide an accurate copy of the electronic record for the principal’s electronic power of attorney or a complete converted copy of the electronic power of attorney to an interested person who is entitled to receive a copy under the terms of the power of attorney.
(12) To furnish, for any court hearing or matter involving an electronic power of attorney currently or previously stored by the custodian, any information requested by the court pertaining to the custodian’s policies, practices, or qualifications as they relate to the maintenance, production, or storage of electronic powers of attorney.
(c) A proposed successor custodian has no obligation to accept delivery of an electronic power of attorney from an outgoing custodian or to accept the responsibility to maintain custody of the electronic record for an electronic power of attorney. A successor custodian’s execution of a delivery receipt constitutes acceptance of:
(1) the appointment as successor custodian; and
(2) the responsibility to maintain and preserve the accepted electronic power of attorney.
(d) If a custodian wishes to discontinue custody of an electronic power of attorney, the custodian must send written notice to the principal or, if the principal’s whereabouts are unknown, to the current attorney in fact or other person holding written authority from the principal.
(e) A written notice described in subsection (d) must inform the principal, attorney in fact, or other person holding written authority from the principal that the custodian will transfer custody of the electronic record to a successor custodian chosen by the current custodian unless a written instruction is issued to the current custodian not later than thirty (30) days after the written notice described in subsection (d) was first issued.
(f) If the principal, current attorney in fact, or person holding written authority from the principal does not respond to a written notice described in subsection (d) by the end of the thirty (30) day period described in subsection (e), the custodian may dispose of the electronic record associated with an electronic power of attorney in one (1) of the following ways:
(1) The current custodian may transfer custody of the electronic record for the electronic power of attorney to a successor custodian previously designated in writing by the principal.
(2) The current custodian may transfer custody of the electronic power of attorney to a successor custodian selected by the current custodian.
(3) The current custodian may transmit a complete converted copy of the electronic power of attorney trust instrument and an accompanying affidavit of regularity to the person who received the thirty (30) day notice described in subsection (e).
As added by P.L.40-2018, SEC.4.