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Laws
Signing Requirements – Powers of attorney must be signed in the presence of either a notary public or two witnesses.[1] A witness cannot be the following:
- The agent appointed in the POA
- An individual who receives powers or a beneficial interest under the POA
- Related to either individual identified above
Expiration – A minor POA is valid for up to 12 months but may last longer if the agent is a qualified institution or if the parent is serving in the armed forces.[2]
Sample
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1. For the Minor named [CHILD’S NAME], born on [MM/DD/YYYY] (hereinafter known as the “Minor”), I, [PARENT’S NAME], the ☐ Parent or ☐ Court Appointed Guardian with a street address of [PARENT’S ADDRESS],
And I, [CO-PARENT’S NAME], the ☐ Parent or ☐ Court Appointed Guardian with a street address of [CO-PARENT’S ADDRESS],
2. Hereby appoint [ATTORNEY-IN-FACT’S NAME] as the Attorney-in-Fact for the Minor who is their [RELATION TO CHILD] with a street address of [ATTORNEY-IN-FACT’S ADDRESS] (hereinafter referred to as the “Attorney-in-Fact”).
3. I/We delegate to the Attorney-in-Fact the authority to [DESCRIBE AUTHORITY].
4. This power of attorney document shall commence on [MM/DD/YYYY] and end on:
A. [INITIAL] ☐ – [MM/DD/YYYY].
B. [INITIAL] ☐ – In the event of my disability (incapacitation).
C. [INITIAL] ☐ – In the event of my death.
This document can be terminated at any time by completing a revocation or by creating a new minor power of attorney form.
5. This power of attorney shall be governed under the laws in the State of Indiana and terminates any prior written form.
Parent/Guardian Signature: _______________ Date: _______
Print Name: _______________
Parent/Guardian Signature: _______________ Date: _______
Print Name: _______________
ACCEPTANCE BY ATTORNEY-IN-FACT
The undersigned Attorney-in-Fact acknowledges and executes this Power of Attorney, and by such execution does hereby affirm that I: (A) accept the appointment; (B) understand the duties under the Power of Attorney and under the law.
Attorney-in-Fact Signature: _______________ Date: _______
Print Name: _______________
NOTARY ACKNOWLEDGMENT
State of Indiana
County of _______________, ss.
On _______, before me appeared _______________, as the Parent(s)/Court Appointed Guardian(s) who proved to me through government-issued photo identification to be the above-named person(s), who in my presence executed the foregoing instrument and acknowledged that (s)he executed the same as his/her free act and deed.
Notary Signature: _______________
Print Name: _______________
My Commission Expires: _______ (Notary Seal)