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Indiana General Durable Power of Attorney for Property and Finances or...

Power Of Attorney With Witness

Category:

Power of Attorney - General

State:

Indiana

Control #:

IN-P003A

Format:

Instant download

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Description

The Power of Attorney with Witness form is a legal document that allows a principal to designate an agent to manage their financial affairs. This form is particularly crucial as it remains effective even if the principal becomes disabled or incompetent. Key features include the broad powers granted to the agent, covering areas like property management, banking transactions, and legal actions. Users can fill out this form electronically by entering their details into highlighted fields or by making handwritten entries if using a printed copy. It is essential for users to review all entries for accuracy before submitting the form. This document is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it facilitates the delegation of financial authority, streamlining processes within estates and businesses. With specific clauses for appointing alternate agents and revocation provisions, it provides comprehensive control over financial matters, making it a valuable resource in legal practices. Additionally, it emphasizes the importance of having witnesses and may require notarization, depending on state laws, enhancing its credibility and enforceability.

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How to fill out Indiana General Durable Power Of Attorney For Property And Finances Or Financial Effective Immediately?

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Power of Attorney and Living Will / Health Care Directive

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FAQ

However, someone else who is being named as an attorney is allowed to witness the signature. In theory, this is very simple and it means that, for example, family members who are not being named as attorneys can witness the donor's signature.

Fill in your details in section 1 of the LPA form. You can also give an email address, but it's optional. Give any other names that you use, such as your married name. If your LPA does not include all the names you're known by, there may be confusion or delays if your attorneys need to use it.

You are required to oversee the Donor or Attorney(s) (or both) signing and dating the LPA form. A different person could be used for each person who is signing and dating the form. You must ensure that you see the relevant person sign and date the form and you should not sign it unless you have seen this.

If you make an error on your LPA, it could mean: a delay in the registration process. your LPA is not legally valid.

It can be witnessed by a lawyer who has given you legal advice on the document. Alternatively it can be witnessed by two adults with capacity. The witnesses cannot be the attorney being appointed or a family member of either the attorney or yourself.

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General Durable Power of Attorney for Property and Finances or Financial Effective Immediately

Power of Attorney and Health Care - General - Indiana

Indiana Code Section 30-5-3-3.

(a) Except as provided in subsection (b), an attorney in fact may act under a power of attorney without recording the power of attorney with the county recorder.
(b) An attorney in fact shall record the power of attorney authorizing the execution of a document that must be recorded before presenting the document for recording.
(c) A county recorder may not accept a document for recording if the document:
(1) was executed; and
(2) is presented; by an attorney in fact whose power of attorney is unrecorded.
(d) A document creating a power of attorney must comply with recording requirements, including notary and preparation statements, to be recorded under this section.
(e) A document that is presented by an attorney in fact for recording must reference the book and page or instrument number where the instrument creating the power of attorney is recorded before the document may be presented by the attorney in fact.

Indiana Code Section 30-5-4-1:

To be valid, a power of attorney must meet the following conditions:

(1) Be in writing.
(2) Name an attorney in fact.
(3) Give the attorney in fact the power to act on behalf of the principal.
(4) Be signed by the principal in the presence of a notary public.

Indiana Code Section 30-5-4-2:

(a) Except as provided in subsection (b), a power of attorney is effective on the date the power of attorney is signed by the principal.
(b) A power of attorney may:
(1) specify the date on which the power will become effective; or
(2) become effective upon the occurrence of an event.

Indiana Code Section 30-5-4-3:

(a) Except as otherwise stated in the power of attorney, if more than one (1) attorney in fact is named, each attorney in fact may act independently of the other attorney in fact in the exercise of a power or duty.
(b) Except as otherwise stated in the power of attorney, if:
(1) more than one (1) attorney in fact is named; and
(2) one (1) attorney in fact fails to serve or ceases to serve; the remaining attorney in fact may continue to act under the power of attorney without a successor for the attorney in fact who failed to serve or ceased to serve.

Indiana Code Section 30-5-4-4:

(a) Except as stated otherwise in the power of attorney, an attorney in fact fails to serve or ceases to serve when:
(1) the attorney in fact dies;
(2) the attorney in fact resigns;
(3) the attorney in fact is adjudged incapacitated by a court;
(4) the attorney in fact cannot be located upon reasonable inquiry;
(5) the attorney in fact, if at one time the principal's spouse, legally is no longer the principal's spouse; or
(6) a physician familiar with the condition of the current attorney in fact certifies in writing to the immediate successor attorney in fact that the current attorney in fact is unable to transact a significant part of the business required under the power of attorney.
(b) Except as stated otherwise in the power of attorney, if the replaced attorney in fact reappears or is subsequently able to transact business, the successor attorney in fact shall remain as the attorney in fact.
(c) Except as otherwise stated in the power of attorney, an attorney in fact designated as a successor has the powers granted under the power of attorney to the original attorney in fact.</blockquote>

Indiana Code Section 30-5-4-5:

(a) Except as stated otherwise in the power of attorney, an attorney in fact is entitled to reimbursement of all reasonable expenses advanced by the attorney in fact on behalf of the principal.
(b) Except as otherwise stated in the power of attorney, an attorney in fact is entitled to a reasonable fee for services rendered. The attorney in fact shall, not later than twelve (12) months after the date the service is rendered, notify the principal in writing of the amount claimed as compensation for rendering the service.

General Durable Power of Attorney for Property and Finances or Financial Effective Immediately

Power of Attorney and Health Care - General - Indiana

Indiana Code Section 30-5-3-3.

Indiana Code Section 30-5-4-1:

To be valid, a power of attorney must meet the following conditions:

(1) Be in writing.
(2) Name an attorney in fact.
(3) Give the attorney in fact the power to act on behalf of the principal.
(4) Be signed by the principal in the presence of a notary public.

Indiana Code Section 30-5-4-2:

Indiana Code Section 30-5-4-3:

Indiana Code Section 30-5-4-4:

Indiana Code Section 30-5-4-5:

Power Of Attorney With Witness

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Trusted and secure by over 3 million people of the world’s leading companies

Power Of Attorney With Witness

Description

Related forms

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How to fill out Indiana General Durable Power Of Attorney For Property And Finances Or Financial Effective Immediately?

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Form popularity

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Can a witness to power of attorney be a family member?

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What are the responsibilities of a witness to power of attorney?

What happens if you make a mistake on power of attorney?

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