Indiana Power of Attorney Forms

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General and Statutory Power of Attorney Forms

Living Will and Health Care Power of Attorney Forms

Child Care Power of Attorney

Limited or Special or Vehicle Power of Attorney

Other Power of Attorney Forms

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Power of Attorney for Indiana

A power of attorney allows an agent to act on your behalf based on the terms of the document, whether a General Power of Attorney, Limited Power of Attorney, Child Care Power of Attorney or others.

Indiana Uniform Power of Attorney

An Indiana power of attorney form (POA) is a valuable legal tool that allows you to appoint an agent to act for you when you can’t act for yourself. Title 30 of the Indiana Code governs the requirements and enforcement of power of attorney forms. We’ll take a look below at some of the key points to understand about these laws in Indiana:
 

Springing power of attorney – Typically, the authority granted to your agent takes effect as soon as you sign and notarize the form. However, you can also create a springing power of attorney, which isn’t effective immediately. You can either specify the date on which the authority granted will become effective, or state that it will be effective upon the occurrence of an event, such as your incapacity. IC 30-5-4-2

Co-agents – You can name more than one agent to have authority at the same point in time. Unless you state otherwise and require them to agree on decisions made, the law will presume they are allowed to act independently. IC 30-5-4-3

Termination of agent’s authority – You can revoke your agent’s authority at any time. You should do this in a written notice, and give a copy to the agent and those who dealt with the agent. The agent’s authority will also be terminated automatically in the following instances:

  1. The agent’s death.
  2. When the agent can’t be located after making a reasonable inquiry.
  3. The agent’s resignation.
  4. Incapacity of the agent.
  5. If the agent is your spouse, when the agent is no longer your spouse, unless you state otherwise in the form.

IC 30-5-4-4
 

Termination of the power of attorney – Unless you state otherwise in the form, your POA can be revoked only in a written and signed revocation notice that identifies the power of attorney being revoked. A revocation isn’t effective until the agent or those dealing with the agent have actual knowledge of the revocation. If the power of attorney was recorded, the power of attorney revocation must be recorded, and reference the book and page or instrument number where the instrument creating the power of attorney is recorded.

IC 30-5-10-1

General Power of Attorney

Q: What is a General Power of Attorney

A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate.

Living Will and Health Care Power of Attorney

Q: What is a Living Will and Health Care Power of Attorney?

A: A Health Care Power of Attorney is a legal document that allows an individual to designate another person to make medical decisions for him or her when he or she cannot make decisions for himself or herself. In other words it names someone who stands in your shoes and tells the doctors what to do or what not do for you.

A Living Will is a document that allows a person to explain in writing which medical treatment he or she does or does not want during a terminal illness. A terminal illness is a fatal illness that leads ultimately to death. A Living Will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used to die naturally and without the patientís life being artificially prolonged by various medical procedures. Although the term Living Will may indicate that it is a Will, in reality, it is more similar to a Power of Attorney than a Will.

Limited or Special Power of Attorney?

Q: What is a limited or special power of attorney?

A: A Limited power of attorney is one which is limited to a specific act or particular purpose. It is also referred to as special power of attorney. A limited power of attorney allows the Principal to give only specific powers to the agent.

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