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However, a general power of attorney only operates while you are still coherent and mentally capable. It automatically expires upon incapacity or death. A durable power of attorney remains operational upon incapacity, although it expires upon death.
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.
Code § 30-5-2-7. "Power of attorney" means a writing or other record that grants authority to an attorney in fact or agent to act in place of a principal, whether the term "power of attorney" is used.
Indiana law allows a person to grant broad powers to an attorney in fact within a DPOA. Thus, if designed properly, a DPOA can allow for a smooth and immediate transition of the management of your financial and business affairs to the control of your chosen attorney in fact in the event of your disability.
For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.
A general power of attorney allows another party to act as they see fit on your behalf concerning all your legal needs. By contrast, a limited power of attorney enables a chosen representative to act for a specific purpose.
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.
Key Elements for a Valid Indiana Power of Attorney Ensuring the mental competency of the principal who is granting the power is a vital aspect of creating a valid power of attorney in Indiana. The power of attorney document must also be signed in the presence of either a notary public or two witnesses.