Types

Advance Directive (Medical Power of Attorney) – If an individual does not record their end-of-life choices in this form, they cannot guarantee that they will be duly carried out by medical professionals.

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Durable (Financial) Power of Attorney – A form that entrenches the principal’s decision for a power of attorney to remain active in the event of their incapacitation or death.

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General (Financial) Power of Attorney – A principal who wants the power of attorney they enact to end in the event of their incapacitation or death must make use of a General Power of Attorney.

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Limited (Special) Power of Attorney – This forms makes it possible for a principal to clearly state the specific circumstances the agent is legally empowered to act in their stead.

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Minor Child Power of Attorney – A useful form for parents who have numerous commitments or are required to travel without their children, a Minor Child POA enables parents to delegate their childcare duties to another trusted party.

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Motor Vehicle (DMV) Power of Attorney – Supplied by the Indiana Bureau of Motor Vehicle, this POA permits an individual to appoint a power-of-attorney to complete transactions involving the certificate of title and/or registration for the specified vehicle.

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Real Estate (Property) Power of Attorney – The act of purchasing, selling, managing, or refinancing a property can be delegated to another party by completing and filing this document.

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Revocation of Power of Attorney – Even if a POA states a certain date or set of circumstances the POA will cease to be active, a principal may file this form to immediately revoke the POA.

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State Tax Filing Power of Attorney – To appoint another individual or entity to take charge of their tax filing, an individual needs to complete and file this form with the state tax department.

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What is an Indiana Power of Attorney?

An Indiana Power of Attorney communicates an individual’s determination to call on another party to navigate one or more matters on their behalf. The individual who initiates this legal arrangement is termed the Principal, whereas the individual or entity acting on their behalf is termed the Agent. This legal process requires any decisions to be made in the best interests of the individual. That is, unless the individual has stated their express desire for a certain course of action in one or more circumstances.

• Indiana Power of Attorney Laws – (Title 30, Article 5, “Powers of Attorney”)
• State Definition of Power of Attorney (IC 30-5-2-7) – “means a writing or other record that grants authority to an attorney in fact or agent to act in place of a principal, whether the term “power of attorney” is used.
• Signing Requirements (IC 30-5-4-1) – Must be signed in the presence of a Notary Public either by the Principal themselves, or, at the Principal’s direction, by an individual acting on behalf of them.

When is it Effective?

According to Indiana Code 30-5-4-1, for a power of attorney to be valid, the following conditions must be met:

1. The document must be in writing.
2. It must name an individual who will act as the Attorney-in-Fact.
3. Give the named Attorney-in-Fact power to make decisions on behalf of the Principal.
4. Be signed in the presence of a Notary Public (if an individual who is not the Principal signed the document on behalf of the Principal, the Notary Public must affirm the individual was directed by the Principal to sign the document).