Indiana Durable Power of Attorney Form

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An Indiana durable power of attorney is a form that enables an individual to appoint a financial representative. The power of attorney specifies the representative’s authority, the effective date, and any specific instructions to be followed. It also includes a durability clause, which ensures that the representative’s powers remain effective if the principal becomes incapacitated.

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Indiana Durable Power of Attorney Form

Last updated May 13th, 2025

An Indiana durable power of attorney is a form that enables an individual to appoint a financial representative. The power of attorney specifies the representative’s authority, the effective date, and any specific instructions to be followed. It also includes a durability clause, which ensures that the representative’s powers remain effective if the principal becomes incapacitated.

Signing Requirements

The principal must sign the power of attorney in front of a notary public or two witnesses. A witness cannot be any of the following[1]:

  • The representative named in the POA
  • A recipient of authority or a beneficial interest under the POA
  • A relative of either of the individuals described above

Power of Attorney (Preview)

Legal Definition

“Durable power of attorney” means a power of attorney that:
(1) is executed by an incapacitated person before that person became an incapacitated person;
(2) provides that the power survives the person’s incompetence; and
(3) is executed in accordance with the law in effect in the jurisdiction in which it was executed on the date it was executed.[2]

Sources

  1. §§ 30-5-4-1(a)(4), 30-5-4-1.3(c)
  2. § 29-3-1-5