Indiana Code 30-5-4-1.3. Attesting and subscribing witnesses; validity
(b) Any person who, at the time of attestation, is competent to be a witness in this state may act as an attesting witness to the execution of a power of attorney. A subsequent incapacity of an attesting witness does not impair the effectiveness of a previously executed power of attorney.
Terms Used In Indiana Code 30-5-4-1.3
- 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
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) a subscribing witness to the execution of the power of attorney has an interest in the power of attorney as described in subsection (d); and
(2) the power of attorney cannot be proved without the witness’s testimony or proof of the witness’s signature as a witness.
(d) A person serving as a subscribing witness to the execution of a power of attorney has an interest in the power of attorney if:
(1) the power of attorney names the person as the principal’s attorney in fact or successor to the attorney in fact;
(2) the power of attorney grants a power or beneficial interest to the person other than an appointment of the person as the principal’s attorney in fact or successor to the attorney in fact; or
(3) the witness is related to a person described in subdivision (1) or (2).
(e) For purposes of this section, a witness is related to a person described in subdivision (1) or (2) if the person is:
(1) the spouse of the witness; or
(2) a descendant of the witness.
As added by P.L.185-2021, SEC.19.