The Indiana durable power of attorney (DPOA) is the document used to authorize another person to act on behalf of the person issuing the power of attorney and to represent their interests.
The main feature of a durable power of attorney is that it remains valid and effective even if the principal becomes incapacitated.
The principal can use the durable power of attorney in any situation when they are unable to represent themselves.
That can be the situation when their physical or mental state is unstable, they are suffering from some kind of disability (like in the case of dementia or Alzheimer’s disease), or they are far away from the place where certain actions must be taken.
Durable Power of Attorney Laws & Requirements in Indiana
Laws & Requirements
Relevant laws: Title 30, Article 5 - Powers of Attorney
Statutory form: The Indiana Code does not provide the statutory form for a durable power of attorney.
Signing requirements: The principal must sign the Indiana durable power of attorney before the notary public. (§ 30-5-4-1)
Presumed durable: The Illinois power of attorney is presumed to be durable unless otherwise provided in the document. (§ 30-5-10-3)
“Durable” as defined by the state law: There is no definition of the term “durable” in the Indiana Code.
How to Fill out a Durable Power of Attorney in Indiana
#1. Designate an Agent
When choosing an agent, you should look for someone who is of legal age and has the legal capacity to represent you. Moreover, that person should be someone you trust, especially if you authorize them to make financial, legal, or medical decisions on your behalf.
Here, you should insert the details about the principal and the agent, such as their first and last names and the mailing address. If necessary, you should also provide the ID and professional license number of the agent.
Additionally, you can name the successor agent. Their role is to represent you in case the primary agent is incapacitated or, in some other way, unable to do so.
#2. Grant Authority
After you have determined the agent, you should list the authorities they can have when representing you.
Our Indiana durable power of attorney template provides three ways in which you can determine the scope of authority for your agent:
Scope of Authority
General authority. With this option, you can enable your agent to take any necessary action and interact with any third party when representing you. You can also limit the general authority by providing the actions they are not allowed to take on your behalf.
Partial authority. Here, you will provide a precise list of actions the agent can take. All the actions are provided in the Indiana durable power of attorney template. You select the actions you want your agent to be able to take by signing your initials before the relevant action.
Specific authority. This option is the most flexible, considering that you can provide the scope of authority by writing all the actions the agent can take in your own words. This also enables you to add the actions you want your agent to take that are not provided in the template.
#3. Ensure the Form is Durable
In Indiana, the power of attorney is presumed to be durable. This means that if you want your power of attorney to be non-durable, you must explicitly state so in the document.
#4. Sign the Form
The principal signs the form before the notary public and at least one witness.
#5. Notarize the Form
The durable power of attorney must be notarized in Indiana. The notary public will acknowledge the principal’s signature and the authenticity of the document.
#6. Store Your Durable Power of Attorney Form
After finalizing the document, you should keep the original copy in your possession and store it in a safe place.
You can also give one copy to your agent so they can prove their capacity to the third parties they are interacting with.
How to Revoke a Durable Power of Attorney in Indiana
To revoke the Indiana durable power of attorney, you can simply issue the revocation letter. This letter should include information about the agent (their full name and mailing address) and the date of issuing the power of attorney.
Additionally, you can include any information that will help the parties individualize the power of attorney you want to revoke.
After completing the document, you should give one copy to the agent and any third party they are interacting with on your behalf so the revocation can take effect.