Power of Attorney Form for Indiana

GENERAL POWER OF ATTORNEY

INDIANA STATUTORY FORM

Document ID: POA-IND-2023-V1.0
Effective Date: [Effective Date]
Governing Jurisdiction: State of Indiana (Indiana Code § 30-5)

---

STATUTORY & LEGAL COMPLIANCE NOTICE

CRITICAL LEGAL NOTICE: This General Power of Attorney is structured to comply with the applicable provisions of the Indiana Power of Attorney Act (Indiana Code § 30-5). This is an important legal document. By executing this document, the Principal designates the named Attorney-in-Fact (Agent) with broad legal powers to manage, control, and dispose of the Principal's property, financial accounts, and legal affairs.

This document does not authorize the Agent to make health care decisions for the Principal. Under Indiana law, powers of attorney are construed narrowly or broadly depending on the explicit language used. The Principal and Attorney-in-Fact should review all provisions carefully. If the Principal or Agent has questions regarding the legal scope, enforceability, or financial implications of this instrument, competent legal counsel licensed in the State of Indiana should be consulted prior to execution.

---

PARTIES & RECITALS

This General Power of Attorney is made, executed, and entered into as of [Effective Date] (the "Effective Date"), by and between:

1. PRINCIPAL: [Principal Full Legal Name], having a primary residential address at [Principal Address] (hereinafter referred to as the "Principal").
2. ATTORNEY-IN-FACT (AGENT): [Agent Full Legal Name], having a primary residential address at [Agent Address] (hereinafter referred to as the "Attorney-in-Fact" or "Agent").
3. SUCCESSOR ATTORNEY-IN-FACT (ALTERNATE AGENT): [Successor Agent Full Legal Name], having a primary residential address at [Successor Agent Address] (hereinafter referred to as the "Successor Agent").

RECITALS: WHEREAS, the Principal desires to appoint the Attorney-in-Fact as the Principal’s true and lawful attorney-in-fact for and in the Principal's name, place, and stead, to act in the Principal's absolute discretion on all matters authorized herein; and
WHEREAS, the Principal intends for this Power of Attorney to be a general power of attorney encompassing all powers permitted under the laws of the State of Indiana, subject to the explicit terms, conditions, and limitations contained herein.

---

OPERATIVE CLAUSES

SECTION 1: APPOINTMENT AND GRANT OF AUTHORITY

The Principal hereby revokes any previous powers of attorney granted by the Principal regarding the matters explicitly covered herein and appoints the Attorney-in-Fact as the Principal's attorney-in-fact to act in the Principal's name, place, and stead in any way which the Principal could do, if personally present, with respect to the following matters to the extent indicated below, pursuant to Indiana Code § 30-5-5:

1. Real Property Transactions: To lease, sell, mortgage, purchase, exchange, maintain, alter, release, or hypothecate any real property or any interest therein, whether located within or outside the State of Indiana, upon such terms and conditions as the Attorney-in-Fact shall deem proper.
2. Tangible Personal Property Transactions: To lease, sell, mortgage, purchase, exchange, maintain, alter, or otherwise deal with any tangible personal property or any interest therein, and to insure the same against loss, damage, or liability.
3. Bonds, Shares, and Commodities: To request, demand, buy, sell, assign, pledge, hypothecate, or otherwise deal in any stocks, bonds, mutual funds, commodity futures, or other financial securities or derivative instruments.
4. Banking and Financial Transactions: To open, maintain, or close bank accounts (checking, savings, certificate of deposit); write checks; deposit funds; draw drafts; endorse promissory notes; and execute all banking documents necessary to conduct the Principal's financial affairs.
5. Business Operations: To manage, control, and operate any business entity, sole proprietorship, partnership, or limited liability company in which the Principal holds an ownership interest, including voting rights, execution of contracts, and management of corporate assets.
6. Insurance Transactions: To procure, maintain, modify, surrender, or cancel any insurance policies (life, health, property, casualty) and to collect and receipt for all proceeds, dividends, or settlements thereunder.
7. Estate, Trust, and Beneficiary Transactions: To act for the Principal in all matters connected with the administration of any estate, trust, partnership, limited liability company, or other legal entity in which the Principal holds an interest or acts as a fiduciary.
8. Claims and Litigation: To assert, prosecute, defend, submit to arbitration, settle, compromise, or propose or accept a compromise in any legal claims, administrative proceedings, or lawsuits involving the Principal or the Principal’s property.
9. Tax Matters: To prepare, sign, execute, and file local, state, and federal tax returns (including income, gift, property, and excise taxes); to represent the Principal before the Internal Revenue Service (IRS) and the Indiana Department of Revenue; and to execute IRS Form 2848 (Power of Attorney) or equivalent state tax representation forms.
10. Personal and Family Maintenance: To pay all necessary and reasonable living expenses, medical expenses, insurance premiums, housing costs, and educational costs for the Principal and the Principal’s legal dependents.

SECTION 2: SUCCESSOR ATTORNEY-IN-FACT

If the primary Attorney-in-Fact named herein is unable, unwilling, or refuses to serve, resigns, dies, or is legally incapacitated, the Principal hereby appoints the Successor Agent, [Successor Agent Full Legal Name], to serve with all the identical rights, powers, duties, and immunities conferred upon the original Attorney-in-Fact. No third party shall be required to inquire into the vacancy or the qualification of the Successor Agent.

SECTION 3: DURABILITY PROVISION

[CHOOSE ONE BY INITIALING:] _____ (Initial here for Durable POA): This Power of Attorney is durable and shall not be affected by the subsequent disability or incapacity of the Principal, or by the lapse of time. It is the explicit intent of the Principal that this power shall remain fully exercisable notwithstanding any subsequent mental or physical disability of the Principal, pursuant to Indiana Code § 30-5-4-2.

_____ (Initial here for Non-Durable POA): This Power of Attorney is non-durable and shall automatically terminate upon the subsequent disability or incapacity of the Principal, or upon the execution of a subsequent written revocation by the Principal.

SECTION 4: RELIANCE BY THIRD PARTIES

To induce any third party, financial institution, title company, governmental agency, healthcare institution, or court to act in reliance upon this Power of Attorney, the Principal explicitly agrees that:

1. Any third party receiving a duly executed copy or counterpart of this instrument may rely entirely upon its validity and enforceability.
2. No third party shall be required to inquire into the utilization or disposition of any funds, assets, or property delivered to the Attorney-in-Fact.
3. The Principal hereby indemnifies and holds harmless any third party from any claims, losses, liabilities, or damages arising out of or resulting from such third party’s reliance upon the authority granted herein, provided that such third party has no actual notice of the revocation, suspension, or termination of this Power of Attorney.
4. Revocation or amendment of this Power of Attorney shall not be effective as to any third party until actual written notice of such revocation or amendment has been formally delivered to said third party at its principal place of business.

SECTION 5: FIDUCIARY DUTIES AND ACCOUNTING

The Attorney-in-Fact accepts the fiduciary appointment created by this instrument and agrees to exercise all powers granted herein in a fiduciary capacity, with the utmost good faith, loyalty, and prudence. The Attorney-in-Fact shall not create self-dealing transactions, commingle the Principal's personal funds with the Agent's personal funds, or utilize the Principal's assets for the personal benefit of the Agent unless explicitly authorized herein. The Attorney-in-Fact shall maintain accurate, itemized, and contemporaneous records of all receipts, disbursements, and financial transactions undertaken on behalf of the Principal and shall make such records available for inspection upon reasonable request by the Principal, or by legal representatives of the Principal's estate.

SECTION 6: COMPENSATION AND REIMBURSEMENT

The Attorney-in-Fact [CHOOSE ONE: shall / shall not] be entitled to reasonable compensation for services rendered pursuant to this Power of Attorney, commensurate with customary commercial rates for fiduciary and management services in the State of Indiana. Regardless of compensation status, the Attorney-in-Fact shall be fully reimbursed from the Principal's assets for all reasonable, necessary, and documented out-of-pocket expenses incurred in the execution of duties authorized under this document.

SECTION 7: REVOCATION AND AMENDMENT

The Principal retains the absolute, unconditional right to revoke, alter, amend, or terminate this Power of Attorney at any time, in whole or in part, by executing a written instrument of revocation or by executing a subsequent, superseding power of attorney. Unless revoked, terminated, or specified with an explicit expiration date, this Power of Attorney shall remain in full force and effect until the death of the Principal.

SECTION 8: GOVERNING LAW AND JURISDICTION

This Power of Attorney shall be construed, interpreted, executed, and enforced in accordance with the laws of the State of Indiana, specifically the Indiana Power of Attorney Act (Indiana Code § 30-5), without giving effect to any choice-of-law principles. Any legal action, dispute, or proceeding arising under or relating to this instrument shall be brought exclusively in the courts of competent jurisdiction located within [County Name] County, Indiana, and the Principal and Agent hereby consent to the personal jurisdiction of said courts.

SECTION 9: MISCELLANEOUS PROVISIONS

1. Severability: If any provision, clause, or section of this Power of Attorney is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect, impair, or invalidate any other provision, clause, or section, and this instrument shall be construed as if the invalid portion had never been included.
2. Counterparts: This Power of Attorney may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures and digital transmissions (including PDF, DocuSign, or Adobe Sign) shall have the same legal force and effect as original wet-ink signatures.
3. Headings: The section headings contained in this Power of Attorney are for reference purposes only and shall not affect in any way the meaning, interpretation, or legal construction of this document.

---

EXECUTION & FORMAL SIGNATURE BLOCKS

IN WITNESS WHEREOF, the Principal has executed this General Power of Attorney on the date first written above.

PRINCIPAL:

Signature: _____________________________________
Printed Name: [Principal Full Legal Name]
Address: [Principal Address]
Date: [Date]

---

WITNESS ATTESTATION / NOTARY ACKNOWLEDGMENT

(Note: Under Indiana Code § 30-5-4-1, a power of attorney must be signed by the principal, or in the principal's conscious presence by another individual directed by the principal to sign the principal's name, and the signature must be acknowledged before a notary public).

STATE OF INDIANA
COUNTY OF [County Name]

Before me, the undersigned Notary Public in and for said County and State, personally appeared [Principal Full Legal Name], known to me to be the identical person who executed the foregoing General Power of Attorney, and acknowledged the execution thereof to be his/her voluntary act and deed for the uses and purposes therein expressed.

Witness my hand and Notarial Seal this _____ day of _____________________, 20.

---

Notary Public Signature

Printed Name: _____________________________________
My Commission Expires: _____________________________
County of Residence: _______________________________

---

ACCEPTANCE OF APPOINTMENT BY ATTORNEY-IN-FACT

(Note: Under Indiana Code § 30-5-4-2(b), a power of attorney is not effective unless the attorney-in-fact signs an acceptance of appointment).

I, [Agent Full Legal Name], have read the attached Power of Attorney and am the person identified as the Attorney-in-Fact. I hereby acknowledge my appointment and accept the fiduciary duties and responsibilities imposed by this instrument.

Signature: _____________________________________
Printed Name: [Agent Full Legal Name]
Address: [Agent Address]
Date: [Date]

STATE OF INDIANA
COUNTY OF [County Name]

Before me, the undersigned Notary Public in and for said County and State, personally appeared [Agent Full Legal Name], known to me to be the identical person who executed the foregoing Acceptance of Appointment, and acknowledged the execution thereof to be his/her voluntary act and deed.

Witness my hand and Notarial Seal this _____ day of _____________________, 20.

---

Notary Public Signature

Printed Name: _____________________________________
My Commission Expires: _____________________________
County of Residence: _______________________________

---

STEP-BY-STEP EXECUTION & FILING GUIDE

1. Document Customization: Open this document in Microsoft Word or Google Docs. Replace all bracketed text (e.g., [Principal Full Legal Name], [Principal Address], [Effective Date]) with accurate, verified legal details. Ensure all elective choices (such as Durability and Compensation) are explicitly checked or initialed where required.
2. Signatory Verification: Verify that both the Principal and the designated Attorney-in-Fact possess the legal capacity to enter into a fiduciary contract. The Principal must be of sound mind and acting under no duress, fraud, or undue influence.
3. In-Person or Remote Notarization: Both the Principal's signature and the Attorney-in-Fact's Acceptance of Appointment must be formally notarized by a licensed Notary Public in accordance with Indiana notarial laws. Ensure the notary completes the jurat/acknowledgment block, affixes their official seal, and records the commission expiration date and county of residence.
4. Digital Signature & Execution Protocols: If executing remotely via digital signature platforms (e.g., DocuSign or Adobe Sign), ensure that the platform supports tamper-evident audit trails and complies with the Uniform Electronic Transactions Act (UETA) and the federal ESIGN Act. Note that local Recorder of Deeds offices may require original wet-ink signatures for real property recording.
5. Record Retention & Distribution:
   • Store the original executed wet-ink document in a secure, fireproof location accessible to the Principal and Successor Agent.
   • Provide certified true copies or digital copies of the fully executed Power of Attorney to the Attorney-in-Fact, Successor Agent, and all relevant financial institutions, legal counsel, and medical/financial advisors.
   • If this Power of Attorney is intended to be used for real estate transactions within the State of Indiana, record a certified copy of the instrument in the Office of the Recorder of the Indiana county where the real property is situated, pursuant to Indiana Code § 30-5-3-3.