Sec. 3. (a) Except as provided in subsection (b), an attorney in fact may act under a power of attorney, including executing an instrument on the principal’s behalf under IC 30-5-8-8, without recording the power of attorney with the county recorder.

     (b) An attorney in fact shall record the power of attorney authorizing the execution of a document that must be recorded before presenting the document for recording.

     (c) A county recorder may not accept a document for recording if the document:

(1) was executed; and

(2) is presented;

by an attorney in fact whose power of attorney is unrecorded.

     (d) Except as provided in subsection (e), a document creating a power of attorney must comply with recording requirements, including notary and preparation statements, to be recorded under this section.

     (e) An original document that created a power of attorney or a copy of the document that created the power of attorney may be recorded under this section if:

(1) the original document was executed by the principal in accordance with IC 30-5-4-1(a)(4)(B) or IC 30-5-11-4(a)(2); and

(2) a proof (as defined in IC 32-21-2-1.7) that:

(A) is signed by at least one (1) of the attesting witnesses; and

(B) complies with IC 33-42;

is attached to the original document or the copy.

     (f) A document that is presented by an attorney in fact for recording must reference the book and page or instrument number where the instrument creating the power of attorney is recorded before the document may be presented by the attorney in fact.

As added by P.L.149-1991, SEC.2. Amended by P.L.99-2024, SEC.17.