Indiana General (Financial) Power of Attorney

Signing Requirements

Laws

Durable - A power of attorney may only be revoked in writing, signed by the Principal.<a class="source-url" href="#source-url1">[1]</a>

Incapacity - Means an individual who: cannot be located; cannot manage their property or provide self-care because of insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others on the individual, or other incapacity; or has a developmental disability.<a class="source-url" href="#source-url2">[2]</a>

Signing Requirements - The document must be signed by the principal (or at the principal's direction) in the presence of a notary public or at least two witnesses. When signed in the presence of witnesses, the power of attorney must include specific language detailed in the Indiana Code. Additionally, witnesses cannot have an interest in the power of attorney nor can the principal be a spouse or descendent of a witness.<a class="source-url" href="#source-url3">[3]</a>

Sources

1. § 30-5-10-1
2. § 29-3-1-7.5
3. § 30-5-4-1.3