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In Indiana, the duration of a POA is generally determined by the terms outlined in the POA document itself. This means that the POA can be set to expire on a specific date, when a certain event occurs, or when the principal becomes incapacitated or dies.
Sec. 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.
A Power of Attorney (PoA) can be revoked while the principal is mentally sound. If the principal passes away, it is automatically canceled. To revoke a PoA, the principal must provide written notice to the agent, sign the document in the presence of a notary public, and deliver it to the agent.
A principal can revoke their power of attorney if they are of sound mind. The main person who can override a power of attorney is the principal, the person who created the power of attorney document. But they must be of sound mind to do so.
To elect a POA representative, an individual is required to submit a Form POA-1 to the Indiana Department of Revenue (DOR) by uploading an electronic Power of Attorney (ePOA) on INTIME or by mailing or faxing in a copy of the original paper form.
Please note that Indiana law has very specific requirements for a Power of Attorney to be valid. The member's signature must be witnessed and attested to by a Notary Public. The Notary Public must also sign the document along with their printed name and the notarial seal.
Indiana power of attorney requirements The principal must be a mentally competent adult. The agent must be a mentally competent adult. ... The POA typically must be in writing and notarized ? or signed with two witnesses present.
(d) A document creating a power of attorney must comply with recording requirements, including notary and preparation statements, to be recorded under this section.