Indiana Code 30-5-11-8. “Destroy”; destruction of electronic power of attorney
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Sec. 8. (a) As used in this section, “destroy” means any action that:
(2) renders the electronic record associated with an electronic power of attorney unreadable and nonretrievable.
(1) permanently deletes the electronic record associated with an electronic power of attorney; or
Terms Used In Indiana Code 30-5-11-8
- 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) Any custodian or attorney holding an electronic power of attorney may destroy the electronic record associated with an electronic power of attorney and any accompanying document integrity evidence at any time after the fifth anniversary of the principal’s death.
(c) Notwithstanding subsection (b), this section does not require a custodian, attorney, or other person in possession of a complete converted copy of an electronic power of attorney to destroy the complete converted copy of the electronic power of attorney.
As added by P.L.40-2018, SEC.4.