Indiana Code 30-5-5-14.5. Powers of attorney in fact under language conferring general authority with respect to electronic records, reports, and statements
(1) Gain access to any computer, storage device, network, communications device, or other computing machinery that the principal owns, leases, or otherwise has license to access.
Terms Used In Indiana Code 30-5-5-14.5
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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) Access, retrieve, copy, or store:
(A) the content of an electronic communication of the principal;
(B) a catalogue of electronic communications sent or received by the principal; or
(C) any other digital asset in which the principal has a right or interest.
(4) Perform any act in connection with the preparation, execution, filing, storage, or other use of electronic records, reports, and statements of or concerning the principal’s affairs that the attorney in fact may perform in connection with the preparation, execution, filing, storage, or other use of written records, reports, and statements of or concerning the principal’s affairs.
(b) The powers described in this section are exercisable equally with respect to electronic records, reports, or statements of or concerning the affairs of the principal at the time of the giving of the power of attorney or are created after that time, whether arising in Indiana or in another jurisdiction.
As added by P.L.137-2016, SEC.13.