CHAPTER 3. GENERAL PROVISIONS

IC 30-5-3
    Chapter 3. General Provisions

IC 30-5-3-1
Rules of law; interpretation and application; conflict with terms ofpower
    Sec. 1. The rules of law contained in this article shall beinterpreted and applied to the terms of a power of attorney toimplement the intent of the principal and the purposes of the powerof attorney. If the rules of law conflict with the terms of the power ofattorney, the terms of the power of attorney control unless the rulesof law clearly prohibit or restrict what the terms of the power ofattorney purport to authorize.
As added by P.L.149-1991, SEC.2.

IC 30-5-3-2
Validity of power; execution under certain laws
    Sec. 2. A power of attorney is valid if the power of attorney wasvalid at the time the power of attorney was executed under any of thefollowing:
        (1) This article.
        (2) IC 30-2-11 (repealed).
        (3) Common law.
        (4) The law of another state or foreign country.
        (5) The requirements for a military power of attorney under 10U.S.C. 1044b.
As added by P.L.149-1991, SEC.2. Amended by P.L.143-2009,SEC.24.

IC 30-5-3-3
Recording power of attorney
    Sec. 3. (a) Except as provided in subsection (b), an attorney in factmay act under a power of attorney without recording the power ofattorney with the county recorder.
    (b) An attorney in fact shall record the power of attorneyauthorizing the execution of a document that must be recorded beforepresenting the document for recording.
    (c) A county recorder may not accept a document for recording ifthe document:
        (1) was executed; and
        (2) is presented;
by an attorney in fact whose power of attorney is unrecorded.
    (d) A document creating a power of attorney must comply withrecording requirements, including notary and preparation statements,to be recorded under this section.
    (e) A document that is presented by an attorney in fact forrecording must reference the book and page or instrument numberwhere the instrument creating the power of attorney is recordedbefore the document may be presented by the attorney in fact.
As added by P.L.149-1991, SEC.2.
IC 30-5-3-4
Guardians; nomination; appointment; powers and duties;amendment or revocation of power; hearing; notice
    Sec. 4. (a) A principal may nominate a guardian for considerationby the court if protective proceedings for the principal's person orestate are commenced. The court shall make an appointment inaccordance with the principal's most recent nomination in a power ofattorney except for good cause or disqualification.
    (b) A guardian does not have power, duty, or liability with respectto property or personal health care decisions that are subject to avalid power of attorney. A guardian has no power to revoke or amenda valid power of attorney unless specifically directed to revoke oramend the power of attorney by a court order on behalf of theprincipal. A court may not enter an order to revoke or amend a powerof attorney without a hearing. Notice of a hearing held under thissection shall be given to the attorney in fact.
As added by P.L.149-1991, SEC.2.

IC 30-5-3-5
Construction of power and instruction to attorney in fact; petition;notice of hearing
    Sec. 5. Upon petition by an interested person, the court mayconstrue a power of attorney and instruct the attorney in fact if thecourt finds that the principal lacks the capacity to control or revokethe power of attorney. Notice of a hearing on a petition under thissubsection shall be given as the court directs.
As added by P.L.149-1991, SEC.2.

IC 30-5-3-6
Interpretation under the law of the jurisdiction indicated in thepower of attorney
    Sec. 6. The meaning and effect of a power of attorney aredetermined by the law of the jurisdiction indicated in the power ofattorney. In the absence of an indication of jurisdiction, the meaningand effect of a power of attorney are determined by the law of thejurisdiction in which the power of attorney was executed.
As added by P.L.143-2009, SEC.25.

IC 30-5-3-7
Effect on the Electronic Signatures in Global and NationalCommerce Act
    Sec. 7. This article modifies, limits, and supersedes the ElectronicSignatures in Global and National Commerce Act (15 U.S.C. 7001et seq.). However, this article does not:
        (1) modify, limit, or supersede 15 U.S.C. 7001(c); or
        (2) authorize the electronic delivery of a notice described in 15U.S.C. 7003(b).
As added by P.L.143-2009, SEC.26.