Free Indiana Power of Attorney (POA) Form

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Last Update February 21st, 2024

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Types of Power of Attorney in Indiana

Before starting an IN Power of Attorney it is critical to know what type of POA to create. There are many different varieties of these legal instruments and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact

The most common variants available in Indiana include the following examples: 

  • Durable Power of Attorneydocuments are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.

  • A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.

  • Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated

  • Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.

  • A DMV POA is a kind of Vehicle Power of Attorney that gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles. 

  • A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.

  • Minor Child Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness. 

  • A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Indiana’s tax office.

How to Get a Power of Attorney in Indiana

AnIndiana Power of Attorney can be filled-in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.  

Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.

Also, some pre-prepared forms for Vehicle POAs can be obtained directly from a Indiana DMV site. However, it is recommended to seek the help of an attorney in order to fill the document properly.

Indiana Power of Attorney Requirements

In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your IN Power of Attorney document before successfully putting it into action. 

To do this you will need to meet the following criteria:

  1. Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.

  2. The completed form should be signed by both the Agent and Principal.

  3. It is essential that the signing of the document is viewed by 2 witnesses or a notary public.

  4. A notary public must also be present at the signing to notarize the document.

  5. In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located.

For more specific information on IN Power of Attorney signing requirements, check the Indiana code

In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:

  • Be over 18 years of age.

  • Be mentally competent enough to enter into a contractual agreement.

  • Understand the powers that are being granted.

Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Indiana. They should also be someone that the Principal has full confidence in.

Indiana Power of Attorney Sample

Before starting your own IN Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. Simply view our POA sample now to get a feel for how these documents are written and appear once completed.

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Indiana Power of Attorney Form

FAQs About Indiana Power of Attorney Forms

It is important to have a good understanding of what Indiana Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

Where Can I Get a Power of Attorney in Indiana?

It is possible to create your own Indiana Power of Attorney easily online with our easy contract maker. Alternatively, you can find templates for certain types of POA at your local DMV or can pay to have a legal expert draft and complete your document.

What Are Some Uses of a Power of Attorney?

An IN Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and listed powers

These responsibilities include:

  • Managing your financial affairs

  • Making medical decisions for you if you are incapacitated

  • Handling activities for you such as buying or selling property

How to Sign as a Power of Attorney?

Once an Indiana POA is signed and notarized, it can be used by the Agent to carry out duties for the Principal. In order to prove they have the authority to act for the Principal, the Attorney-in-Fact must bring the signed copy of the agreement to the place where they will sign a document on the appointing individual’s behalf.

The Agent must then sign their name on the signature line for the signee and must print their own name next to the name of the Principle on the form. They must also indicate that they are signing on behalf of the Principal as their Power of Attorney.

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Indiana Power of Attorney Form

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STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act.

This power of attorney does not authorize the agent to make health-care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately, unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________
DURABLE POWER OF ATTORNEY
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act:

     - Real Property Transactions, in accordance with section 30-5-5-2 of the Indiana Code.
     - Tangible Personal Property Transactions, in accordance with section 30-5-5-3 of the Indiana Code.
     - Bond, shares and commodity transactions, in accordance with section 30-5-5-4 of the Indiana Code.
     - Retirement plans, in accordance with section 30-5-5-4.5 of the Indiana Code.
     - Banking transactions, in accordance with section 30-5-5-5 of the Indiana Code.
     - Business operation transactions, in accordance with section 30-5-5-6 of the Indiana Code.
     - Insurance Transactions, in accordance with section 30-5-5-7 of the Indiana Code.
     - Transfer on Death Transfers, in accordance with section 30-5-5-7.5 of the Indiana Code.
     - Beneficiary Transactions, in accordance with section 30-5-5-8 of the Indiana Code.
     - Gift Transactions, in accordance with section 30-5-5-9 of the Indiana Code.
     - Fiduciary Transactions, in accordance with section 30-5-5-10 of the Indiana Code.
     - Claims and Litigation, in accordance with section 30-5-5-11 of the Indiana Code.
     - Family Maintenance, in accordance with section 30-5-5-12 of the Indiana Code.
     - Benefits From Military Service, in accordance with section 30-5-5-13 of the Indiana Code.
     - Records, Reports and Statements, in accordance with section 30-5-5-14 of the Indiana Code.
     - Electronic Records, Reports and Statements, in accordance with section 30-5-5-14.5 of the Indiana Code.
     - Estate Transactions, in accordance with section 30-5-5-15 of the Indiana Code.
     - Health Care Powers; Religious Tenets; Funeral Planning Declaration, in accordance with section 30-5-5-16 of the Indiana Code.
     - Consent to or Refusal of Health Care, in accordance with section 30-5-5-17 of the Indiana Code.
     - Delegation of Authority, in accordance with section 30-5-5-18 of the Indiana Code.
     - All other matters, in accordance with section 30-5-5-19 of the Indiana Code.
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
SPECIAL INSTRUCTIONS
My Agent is entitled to reasonable compensation for services rendered as my Agent.
My Agent is entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
EFFECTIVE DATE
This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.
This Power of Attorney may be revoked or terminated by me at any time by providing written notice to the my Agent.
RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURES

Dated ____________________, _____, at _________, Indiana.

  
__________________________________________________
_________Date
  


Address: _________
Telephone Number: _________
Email Address: _________

__________________________________________________
_________Date
WITNESS ATTESTATION
We, _________ and _________, the witnesses, sign our name to the foregoing power of attorney being first duly sworn and do declare to the undersigned authority that the principal signs and executes this instrument as the principal's power of attorney and that the principal signs it willingly, or willingly directs another to sign for the principal, and that We, in the presence and hearing of each other, sign this power of attorney as witnesses to the principal's signing and that to the best of our knowledge the principal is eighteen years of age or older, of sound mind and under no constraint or undue influence.


_________________________________
_________


_________________________________
_________
IN WITNESS WHEREOF, I hereunto set my hand and seal at the City of _________ in the State of Indiana, this _______________ (date).


SIGNED, SEALED, AND DELIVERED
in the presence of:

 

_________________________________
Witness Signature

Witness Name: _________
Witness Address: _________
Witness Telephone Number: _________

 

_________________________________
Witness Signature

Witness Name: _________
Witness Address: _________
Witness Telephone Number: _________

  

_________________________________

_________

    
NOTARY ACKNOWLEDGMENT

State of Indiana
_________ County



Before me, a Notary Public for _________ County, State of Indiana, personally appeared _________ and acknowledged the execution of this instrument this _______________ (Date).


__________________________________
Notary Public


__________________________________
(print name)


My commission expires: _______________________________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Act for the benefit of the principal;

(2) Exercise all powers granted under the power of attorney in a fiduciary capacity;

(3) Keep complete records of all transactions entered into by the attorney in fact on behalf of the principal for six (6) years after the date of the transaction or until the records are delivered to the successor attorney in fact; and

(4) Render a written accounting if an accounting is ordered by a court or requested by the principal, a guardian appointed for the principal, a child of the principal, unless a court finds that such a rendering is not in the best interests of the principal, a person who jointly owns an account with the principal, or upon the death of the principal, the personal representative of the principal's estate or an heir or legatee of the principal.

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Avoid conflicts that would impair your ability to act in the principal's best interest;

(2) Act with care, competence, and diligence;

(3) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(4) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(5) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act. If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.
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