CHAPTER 10. TERMINATION OF THE POWER OF ATTORNEY

IC 30-5-10
    Chapter 10. Termination of the Power of Attorney

IC 30-5-10-0.5
Termination of power to exercise authority
    Sec. 0.5. Unless the power of attorney provides otherwise, anattorney in fact may exercise authority until the authority terminatesunder this chapter, even if time has passed since the execution of thepower of attorney.
As added by P.L.143-2009, SEC.32.

IC 30-5-10-1
Revocation of power; record
    Sec. 1. (a) Except as otherwise stated in the power of attorney, anexecuted power of attorney may be revoked only by a writteninstrument of revocation that:
        (1) identifies the power of attorney revoked; and
        (2) is signed by the principal.
    (b) A revocation under subsection (a) is not effective unless theattorney in fact or other person has actual knowledge of therevocation.
    (c) If an executed power of attorney was recorded underIC 30-5-3-3, the revocation of the power of attorney must:
        (1) be recorded; and
        (2) reference the book and page or instrument number where theinstrument creating the power of attorney is recorded.
As added by P.L.149-1991, SEC.2.

IC 30-5-10-2
Specific termination date and time
    Sec. 2. If a power of attorney specifies a termination date andtime, the power of attorney terminates at that date and time.
As added by P.L.149-1991, SEC.2.

IC 30-5-10-3
Incapacity of principal
    Sec. 3. (a) Except as otherwise stated in the power of attorney, apower of attorney is not terminated by the incapacity of the principal.
    (b) The incapacity of a principal who has previously executed apower of attorney that terminates on the principal's incapacity doesnot revoke or terminate the power of attorney as to the attorney infact or other person who, without actual knowledge of the incapacityof the principal, acts in good faith under the power. Unless otherwiseinvalid or unenforceable, an action taken under this subsection bindsthe principal and the principal's successors in interest.
As added by P.L.149-1991, SEC.2.

IC 30-5-10-4
Death of principal; missing or missing in action; attorney in factretains authority over anatomical gifts, autopsy, and disposition of

body
    Sec. 4. (a) Except as provided in subsections (b) and (c), a powerof attorney terminates on the death of the principal.
    (b) The death of a principal who has executed a written power ofattorney does not revoke or terminate the power of attorney as to theattorney in fact or other person who, without actual knowledge of thedeath of the principal, acts in good faith under the power. Unlessotherwise invalid or unenforceable, an action taken under thissubsection binds the principal and the principal's successors ininterest.
    (c) The death of a principal who executes a written power ofattorney does not revoke or terminate the power of attorney as toauthority granted under IC 30-5-5-16(b)(5) throughIC 30-5-5-16(b)(7). An action taken under this subsection binds theprincipal and the principal's successors in interest, unless the actionis inconsistent with a written directive executed by the principalbefore the principal's death.
    (d) Notice from the United States Department of Defense of thedeath of a principal who has given a power of attorney is officialnotice of the death of the principal. A report or listing of theprincipal's being missing or missing in action does not do any of thefollowing:
        (1) Constitute and may not be interpreted as actual notice of thedeath of the principal.
        (2) Terminate the power of attorney.
As added by P.L.149-1991, SEC.2. Amended by P.L.238-2005,SEC.53.