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Indiana Power of Attorney Form

Published Dec 07, 2025

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An Indiana Power of Attorney Form is a legal document that lets a person appoint someone they trust to manage specific financial or legal matters on their behalf.

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General Power of Attorney Limited/Special Power of Attorney Durable Power of Attorney Springing Power of Attorney Medical/Healthcare Power of Attorney

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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INDIANA POWER OF ATTORNEY FORM

I. APPOINTMENT OF ATTORNEY-IN-FACT

I, , with a mailing address of (hereinafter referred to as the "Principal"), being of sound mind, hereby appoint , with a mailing address of (hereinafter referred to as the "Agent" or "Attorney-in-Fact"), to act as my true and lawful Attorney-in-Fact.

II. SUCCESSOR AGENT

Appoint a Successor Agent?

If my Agent resigns, dies, becomes incapacitated, is not qualified to serve, or refuses to serve, I appoint , with a mailing address of , as my Successor Agent.

III. EFFECTIVE DATE AND DURABILITY

This Power of Attorney shall become effective: (Check one)

Immediately upon execution

Upon a specific date

Upon disability

Selected: Immediately upon the date of execution of this instrument.

Selected: Upon the date of .

Selected: Only upon my disability or incapacity as determined by my attending physician in writing.

This Power of Attorney is intended to be a Durable Power of Attorney pursuant to Indiana Code § 30-5-10-3. This Power of Attorney shall not be affected by my subsequent disability, incapacity, or incompetence.

IV. POWERS OF ATTORNEY-IN-FACT

I hereby grant to my Agent full power and authority to act for me in all matters, including but not limited to the powers incorporated by reference from the Indiana Code (IC), Title 30, Article 5, as amended. Specifically, I grant my Agent the powers set forth in the following sections of the Indiana Code:

(Check all that apply. If no boxes are checked, the Agent shall have authority over ALL categories listed below).

Real Property Transactions (IC § 30-5-5-2) - Authority to buy, sell, lease, mortgage, and manage real estate.

Tangible Personal Property Transactions (IC § 30-5-5-3) - Authority to buy, sell, and manage personal property.

Bond, Share, and Commodity Transactions (IC § 30-5-5-4) - Authority to manage securities and investments.

Banking Transactions (IC § 30-5-5-5) - Authority to open accounts, write checks, and manage financial institution transactions.

Business Operating Transactions (IC § 30-5-5-6) - Authority to manage, operate, or sell business interests.

Insurance Transactions (IC § 30-5-5-7) - Authority to manage insurance policies and claims.

Beneficiary Transactions (IC § 30-5-5-8) - Authority to handle matters regarding trusts, probate estates, and guardianships.

Gift Transactions (IC § 30-5-5-9) - Authority to make gifts.

Fiduciary Transactions (IC § 30-5-5-10) - Authority to act in fiduciary capacities.

Claims and Litigation (IC § 30-5-5-11) - Authority to sue, defend, and settle legal actions.

Family Maintenance (IC § 30-5-5-12) - Authority to provide for the support of my family.

Benefits from Military Service (IC § 30-5-5-13) - Authority to claim military benefits.

Records, Reports, and Statements (IC § 30-5-5-14) - Authority to access and manage records.

Estate Transactions (IC § 30-5-5-15) - Authority to handle estate planning matters.

All Other Matters (IC § 30-5-5-19) - Authority to act in all other matters not specifically excluded.

V. SPECIAL INSTRUCTIONS OR LIMITATIONS

Any special instructions, limitations, or additional powers are described below:

VI. AGENT'S LIABILITY AND COMPENSATION

My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney.

My Agent shall be entitled to: (Check one)

Reasonable compensation and reimbursement

Reimbursement only

VII. ACCOUNTING

My Agent shall keep accurate records of all transactions conducted on my behalf. Upon my request, or the request of a guardian or conservator if I am incapacitated, my Agent shall provide a full accounting of all financial transactions.

VIII. RELIANCE BY THIRD PARTIES

Any third party who receives a copy of this document may rely on it. Revocation of this Power of Attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney.

IX. REVOCATION

I hereby reserve the right to revoke this Power of Attorney at any time. This Power of Attorney revokes any and all prior Powers of Attorney granted by me for the same purposes, provided that this revocation shall not invalidate any action taken by an Agent under a prior Power of Attorney before the Agent received notice of this revocation.

X. GOVERNING LAW

This Power of Attorney shall be governed by, construed, and enforced in accordance with the laws of the State of Indiana.

XI. SIGNATURE AND ACKNOWLEDGMENT

IN WITNESS WHEREOF, I have signed this Power of Attorney on the date set forth below.

Principal Signature: _________________________
Date:
Print Name: _______________

XII. ACCEPTANCE BY AGENT

I, the undersigned Agent, acknowledge and execute this Power of Attorney, and I understand the duties and responsibilities associated with being an Attorney-in-Fact.

Agent Signature: _________________________
Date:
Print Name: _______________

XIII. WITNESSES (OPTIONAL)

Include Witnesses?

We, the witnesses, each sign our names to this instrument in the presence of the Principal and of each other, and we certify that the Principal signed this instrument voluntarily.

Witness 1:
Signature: _________________________
Date:
Print Name:
Address:

Add Second Witness?

Witness 2:
Signature: _________________________
Date:
Print Name:
Address:

Include Notary Public Section?

XIV. NOTARY ACKNOWLEDGMENT

State of Indiana
County of

Before me, a Notary Public in and for said County and State, personally appeared _______________ (Principal's Name), who acknowledged the execution of the foregoing Power of Attorney as their voluntary act and deed for the uses and purposes therein stated.

Witness my hand and notarial seal this .

Notary Signature: _________________________
Print Name:
My Commission Expires:
Commission Number:
Resident of County

(Seal)

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What is an Indiana Power of Attorney Form?

An Indiana Power of Attorney Form is a legal instrument that enables an individual, referred to as the principal, to delegate authority to another person, known as the agent or attorney-in-fact. This document is designed to allow the agent to manage the principal's affairs, which may range from specific financial transactions to comprehensive health care decisions. Residents of Indiana utilize this form to ensure that their assets are managed and personal matters are attended to in the event of their absence, illness, or incapacitation, thereby maintaining continuity in legal and financial obligations.

Legal Framework and Statutory Requirements

The creation and enforcement of power of attorney documents in the state are governed primarily by the Indiana Power of Attorney Act, found within Indiana Code Title 30, Article 5. For an Indiana Power of Attorney Form to be legally valid, specific statutory formalities must be observed. The principal must be at least 18 years of age and of sound mind at the time of execution. According to Indiana Code § 30-5-4-1, the document must be in writing and signed by the principal or by another person in the principal's presence and at the principal's direction.

A crucial requirement in Indiana is notarization. The signature of the principal must be acknowledged by a notary public. While some states require witnesses for financial powers of attorney, Indiana law focuses heavily on the notarial acknowledgment for validity, specifically regarding the recording of the document for real estate transactions. If the power of attorney is intended to convey interests in real property, it must be recorded in the county where the property is located, necessitating strict adherence to notarization standards.

Fiduciary Duties of the Agent

Upon accepting the appointment, the attorney-in-fact assumes a fiduciary relationship with the principal. Indiana Code § 30-5-6 outlines the duties of the agent, which include acting in good faith and in the best interest of the principal. The agent is required to keep complete records of all transactions entered into on behalf of the principal and must preserve the principal's estate plan. Mismanagement or self-dealing can lead to civil liability and the revocation of powers. Unless the document specifically authorizes it, agents generally cannot use the principal's assets to benefit themselves.

Required Elements of a Valid Indiana Power of Attorney Form

To ensure that the document is accepted by financial institutions, hospitals, and courts, it must contain specific information and follow formatting guidelines. Below are the essential components required for validity.

Identification of Parties: The full legal names and addresses of both the principal and the designated attorney-in-fact.
Grant of Authority: A clear enumeration of the powers being granted. Indiana statutes allow for the incorporation of powers by reference to specific code sections (e.g., citing IC 30-5-5-2 for real property transactions).
Durability Provision: Explicit language stating whether the power of attorney survives the principal's incapacity.
Signatures and Notarization: The principal's signature must be executed in the presence of a notary public, who must then affix their seal and signature.
Date of Execution: The specific date on which the document is signed is required to establish its timeline of validity.

Termination and Revocation

The authority granted by an Indiana Power of Attorney Form is not indefinite. It terminates automatically upon the death of the principal. Additionally, a competent principal retains the right to revoke the power of attorney at any time. This revocation should be done in writing and delivered to the agent and any third parties (such as banks) that relied on the original document. Under Indiana law, if the designated agent is the principal's spouse, the filing of a petition for dissolution of marriage (divorce) or legal separation automatically terminates the spouse's authority as an agent, unless the power of attorney document expressly states otherwise.

Frequently Asked Questions

Recording is generally not required for the document to be valid between the principal and the agent. However, if the agent needs to handle real estate transactions, such as selling a home or signing a deed, the Power of Attorney must be recorded in the Office of the Recorder in the county where the real estate is located.

No, an agent cannot create, modify, or revoke the principal's Last Will and Testament. While an agent may be granted powers to create trusts or make gifts under specific circumstances defined in the document, statutory law prohibits the agent from altering the principal's will.

A springing power of attorney is a document that is signed today but does not become effective until a specific future event occurs, typically the incapacity of the principal. The document must clearly define how that incapacity is determined, often requiring certification by one or more physicians.

While it is not legally required to hire a lawyer, and individuals can use standard forms, legal counsel is recommended for complex estates. Improperly drafted documents may fail to grant necessary powers or may be rejected by financial institutions.

Unless the document specifies an expiration date, a Durable Power of Attorney remains in effect until the principal dies or revokes it. A non-durable power of attorney expires if the principal becomes incapacitated.

Yes, a principal can appoint co-agents. The document must specify whether these agents must act jointly (requiring consensus) or if they can act severally (independently of one another). If not specified, Indiana law generally requires co-agents to act jointly.

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