Indiana General Power of Attorney

State:
Multi-State
Control #:
US-04099BG
Format:
Word; 
Rich Text
Instant download

Description

Agency is a relationship based on an agreement authorizing one person, the agent, to act for another, the principal. For example an agent may negotiate and make contracts with third persons on behalf of the principal. Actions of an agent can obligate the principal to third persons. Actions of an agent may also give a principal rights against third persons.


An agency can be created for the purpose of doing almost any act the principal could do. However, there are some acts that must be done in person and cannot be done by an agent. Examples would be: testifying in court for another individual, making a will, and voting.


A general agent is authorized by the principal to transact all the affairs of a particular kind of business. For example, a person appointed as manager of a store is a general agent.


A special agent is authorized by the principal to handle a particular business transaction or perform a specific act. For example, a specific power of attorney appointing an agent (attorney-in-fact) to sell a particular piece of real estate or a certain car would be the appointment of a special agent.


A universal agent is authorized by the principal to do any act that can be delegated to a representative. An example would be giving a person a general power of attorney. This form is such a general power of attorney.

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FAQ

Power of Attorney allows an individual to act as the authority for another person in specific instances. Indiana Department of Revenue (DOR) requires a Power of Attorney form (POA-1) for customers to authorize another person to have access to their information.

Indiana POA RequirementsBe in writing. Name an attorney in fact. Give the attorney in fact the power to act on behalf of the principal. Be signed by the principal or at the principal's direction by another individual in the presence of a notary public.

Difference Between General And Special Power Of Attorney A General power of Attorney is very much different from a Special power of Attorney. The GPA always confers a general power of performing while the Special power of Attorney confers only a specific power to perform any particular act or task.

Here are the basic steps to help a parent or loved one make their power of attorney, and name you as their agent:Help the grantor decide which type of POA to create.Decide on a durable or non-durable POA.Discuss what authority the grantor wants to give the agent.Get the correct power of attorney form.More items...?

Notarization or Witnessing RequirementIndiana law requires that you either sign your POA in the presence of a notary public or in the presence of two witnesses. Witnesses cannot be: someone you named as an agent or successor agent in the POA. someone who is granted some other power or benefit in the POA.

You will need to fill in an application form, and someone will arrange to visit you and the person you want to act on your behalf. You can also arrange for someone to deal with your benefits or tax credits case by giving them power of attorney.

You can limit the power you give your attorney so that they can only deal with certain assets, for example, your bank account but not your home. An ordinary power of attorney is only valid while you have the mental capacity to make your own decisions.

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.

The rules vary in each state; however, in Indiana, your Power of Attorney will need to be signed by a notary public.

A general or durable power of attorney grants another individual the authority to make decisions with respect to your financial transactions or business matters.

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Indiana General Power of Attorney