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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.
If you have an existing power of attorney form and you need to make changes, you should revoke your current document first. You can do that by using a revocation of power of attorney. Then, simply create a new Power of Attorney that includes the updates you want to make.
A Revocation of Power of Attorney must plainly state your desire to revoke a previous POA and include: The principal's name. The attorney-in-fact's name. The date the Power of Attorney took effect. The date the Power of Attorney is revoked. A notary public seal of certification (only required in certain states)
Under Indiana law, a POA can be revoked by the principal by executing a written document that specifically identifies the POA to be revoked and is signed by the principal. The AIF also has to be notified that the POA has been revoked. The most common type of written instrument revoking a POA is a new POA.
(d) A document creating a power of attorney must comply with recording requirements, including notary and preparation statements, to be recorded under this section.
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.
An Indiana power of attorney revocation is used when someone desires to terminate any type of power of attorney they previously executed. In addition to executing a revocation, the principal must alert their agent and any institution that may rely on the POA of the revocation.
The POA expires after five years from the date it was signed. Therefore, your client must renew their POA with DOR every five years.