Indiana Code 30-5-4-1. Validity of power; conditions
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Sec. 1. (a) To be valid, a power of attorney must meet the following conditions:
(2) Name an attorney in fact.
(1) Be in writing.
Terms Used In Indiana Code 30-5-4-1
- 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
- in writing: include printing, lithographing, or other mode of representing words and letters. 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
(3) Give the attorney in fact the power to act on behalf of the principal.
(4) Be signed by the principal or at the principal’s direction:
(A) in the presence of a notary public; or
(B) in the presence of witnesses as described under sections 1.3, 1.5, 1.7, and 1.9 of this chapter.
(b) In the case of a power of attorney signed at the direction of the principal, the notary must state that the individual who signed the power of attorney on behalf of the principal did so at the principal’s direction.
As added by P.L.149-1991, SEC.2. Amended by P.L.101-2008, SEC.9; P.L.185-2021, SEC.18.