Durable Power of Attorney Form | Indiana

4.8 Stars | 92 Ratings
153,915 Downloads

Updated on May 5th, 2023

An Indiana durable power of attorney form is a document by which an individual (principal) can authorize an agent (attorney-in-fact) to act on their behalf during their lifetime and in the event that they become incapacitated or die. This authorization is used primarily for making financial decisions in the principal’s interest. In Illinois, there is no restriction as to who individuals can appoint as their attorney-in-fact. However, people are recommended to appoint someone who lives nearby, so they can more easily carry out business transactions face-to-face as needed. It’s also prudent to name an alternate attorney-in-fact in case the first choice turns out to be unavailable when needed. A power of attorney can be revoked by the principal at any time.

Laws

  • “Durable” Definition – State law does not include a definition for the term “durable”, but IC 30-5-2-7  defines “power of attorney” as 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. The term refers to all types of powers of attorney, including durable powers of attorney.
  • Statute Title 30, Article 5 (Powers of Attorney)
  • Signing Requirements (§ 30-5-4-1) – Powers of attorney require the principal’s signature and a notary acknowledgment.