Indiana Code 30-5-4-2. Time power becomes effective; incapacity of the principal
(b) A power of attorney may:
Terms Used In Indiana Code 30-5-4-2
- 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
(2) become effective upon the occurrence of an event.
(c) If a power of attorney becomes effective upon the principal’s incapacity and:
(1) the principal has not authorized a person to determine whether the principal is incapacitated; or
(2) the person authorized is unable or unwilling to make the determination;
the power of attorney becomes effective upon a determination that the principal is incapacitated that is set forth in a writing or other record by a physician, licensed psychologist, or judge.
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may:
(1) act as the principal’s personal representative under the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. § 201 et seq.) and any rules or regulations issued under that act; and
(2) obtain access to the principal’s health care information and communicate with the principal’s health care provider.
As added by P.L.149-1991, SEC.2. Amended by P.L.101-2008, SEC.10; P.L.143-2009, SEC.27; P.L.185-2021, SEC.23.