Indiana Code 30-5-4-1.5. Witnesses; counterparts; supervision of the execution
(b) A power of attorney executed in the presence of witnesses under section 1(a)(4)(B) of this chapter must be executed by the signatures of the principal and at least two (2) witnesses on:
Terms Used In Indiana Code 30-5-4-1.5
- 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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
(2) a self-proving clause under section 1.7(c) of this chapter; or
(3) a self-proving clause under section 1.7(d) of this chapter.
(c) A power of attorney may be attested as follows:
(1) By having the principal, in the presence of two (2) or more attesting witnesses, signify to the witnesses that the instrument is the principal’s power of attorney and:
(A) sign the power of attorney;
(B) acknowledge the principal’s signature already made; or
(C) at the principal’s direction and in the principal’s presence, have someone else sign the principal’s name.
(2) By having the attesting witnesses sign, in the presence of the principal and each other, the power of attorney.
An attestation or self-proving clause is not required under this subsection in order to execute a valid power of attorney.
(d) Only if the execution and completion of the power of attorney is supervised by an attorney or directed paralegal, a principal and at least two (2) attesting witnesses may execute and complete a power of attorney in two (2) or more original counterparts that exist in a tangible and readable paper form with:
(1) the principal’s signature placed on one (1) original counterpart in the presence of attesting witnesses; and
(2) the signatures of the remaining witnesses placed on one (1) or more different counterparts affiliated with the same power of attorney;
in a tangible and readable paper form. If a power of attorney is signed and witnessed in counterparts under this subsection, the principal or an individual acting at the principal’s specific direction must physically assemble all of the separately signed paper counterparts of the power of attorney and the signatures of the principal and all attesting witnesses not later than five (5) business days after all the paper counterparts have been signed by the principal and witnesses. If the principal directs another individual to assemble the separate, signed paper counterparts of the will into a single composite paper document, the five (5) business day period does not commence until the compiling individual receives all of the separately signed paper counterparts. Any scanned copy or photocopy of the composite document containing all signatures shall be treated as validly signed under this section.
(e) An attorney or directed paralegal must supervise the execution of a power of attorney in counterparts as described in subsection (d). An attorney or directed paralegal may supervise the execution of a power of attorney in counterparts even if the supervising attorney or directed paralegal is one (1) of the power of attorney’s attesting witnesses.
(f) Within a reasonable time after an attorney or a directed paralegal supervises the execution of a power of attorney in counterparts as described in subsection (d), the attorney or directed paralegal must sign an affidavit of compliance. An affidavit of compliance under this subsection must be sworn to or affirmed by the signing attorney or directed paralegal under the penalties of perjury and must contain:
(1) The name and residential address of the principal.
(2) The name and:
(A) residential address; or
(B) business address;
for each witness who signs the power of attorney.
(3) The address, city, and state in which the principal was physically located at the time the principal signed an original counterpart of the power of attorney.
(4) The city and state in which each attesting witness was physically located when the witness signed an original counterpart of the power of attorney as a witness.
(5) A description of the method and form of identification used to confirm the identity of the principal to the witnesses and to the supervising attorney or paralegal, as applicable.
(6) A description of the audiovisual technology or other method used by the supervising attorney or paralegal, as applicable, the principal, and the witnesses for the purpose of interacting with each other in real time during the signing process.
(7) A description of the method used by the principal and the witnesses to identify the location of each page break within the text of the principal and to confirm that the separate paper counterparts of the power of attorney were identical in content.
(8) A general description of how and when the attorney or paralegal, as applicable, physically combined the separate, signed paper counterparts of the power of attorney into a single composite paper document containing the power of attorney, the signature of the principal, and the signatures of all attesting witnesses.
(9) The name, business or residential address, and telephone number of the attorney or directed paralegal who supervised the execution and witnessing of the power of attorney in counterparts.
(10) Any other information that the supervising attorney or paralegal, as applicable, considers to be material with respect to:
(A) the principal’s capacity to sign a valid power of attorney; and
(B) the principal’s and witnesses’ compliance with subsection (c).
After the attorney or directed paralegal signs an affidavit of compliance under this subsection, the attorney or directed paralegal must preserve an accurate copy of the signed affidavit with a scanned copy or photocopy of the completely signed power of attorney. An affidavit of compliance signed under this subsection is admissible as prima facie evidence that the principal and witnesses executed the power of attorney in counterparts that comply with the requirements of subsection (c).
(g) A power of attorney that substantially complies with subsections (c) and (d) may not be rendered invalid by the existence of:
(1) an attestation or self-proving clause;
(2) additional signatures; or
(3) other additional language;
not required by subsection (c).
(h) A power of attorney executed in accordance with subsections (c) and (d) is self-proved if the witness signatures follow an attestation or self-proving clause or other declaration indicating, in substance, the facts set forth in section 1.7(d) or 1.7(e) of this chapter.
(i) This section shall be construed to favor the effectuating of the principal’s intent to make a valid power of attorney.
As added by P.L.185-2021, SEC.20.