CHAPTER 4. CREATION OF A POWER OF ATTORNEY

IC 30-5-4
    Chapter 4. Creation of a Power of Attorney

IC 30-5-4-1
Validity of power; conditions
    Sec. 1. To be valid, a power of attorney must meet the followingconditions:
        (1) Be in writing.
        (2) Name an attorney in fact.
        (3) Give the attorney in fact the power to act on behalf of theprincipal.
        (4) Be signed by the principal or at the principal's direction inthe presence of a notary public.
        (5) In the case of a power of attorney signed at the direction ofthe principal, the notary must state that the individual whosigned the power of attorney on behalf of the principal did so atthe principal's direction.
As added by P.L.149-1991, SEC.2. Amended by P.L.101-2008,SEC.9.

IC 30-5-4-2
Time power becomes effective; incapacity of the principal
    Sec. 2. (a) Except as provided in subsection (b), a power ofattorney is effective on the date the power of attorney is signed inaccordance with section 1(4) of this chapter.
    (b) A power of attorney may:
        (1) specify the date on which the power will become effective;or
        (2) become effective upon the occurrence of an event.
    (c) If a power of attorney becomes effective upon the principal'sincapacity and:
        (1) the principal has not authorized a person to determinewhether the principal is incapacitated; or
        (2) the person authorized is unable or unwilling to make thedetermination;
the power of attorney becomes effective upon a determination thatthe principal is incapacitated that is set forth in a writing or otherrecord by a physician, licensed psychologist, or judge.
    (d) A person authorized by the principal in the power of attorneyto determine that the principal is incapacitated may:
        (1) act as the principal's personal representative under theHealth Insurance Portability and Accountability Act of 1996 (42U.S.C. 201 et seq.) and any rules or regulations issued underthat act; and
        (2) obtain access to the principal's health care information andcommunicate with the principal's health care provider.
As added by P.L.149-1991, SEC.2. Amended by P.L.101-2008,SEC.10; P.L.143-2009, SEC.27.

IC 30-5-4-3 More than one attorney in fact; independent actions; failure orcessation of service
    Sec. 3. (a) Except as otherwise stated in the power of attorney, ifmore than one (1) attorney in fact is named, each attorney in fact mayact independently of the other attorney in fact in the exercise of apower or duty.
    (b) Except as otherwise stated in the power of attorney, if:
        (1) more than one (1) attorney in fact is named; and
        (2) one (1) attorney in fact fails to serve or ceases to serve;
the remaining attorney in fact may continue to act under the powerof attorney without a successor for the attorney in fact who failed toserve or ceased to serve.
As added by P.L.149-1991, SEC.2.

IC 30-5-4-4
Failure or cessation of service; circumstances; successor attorneyin fact; powers
    Sec. 4. (a) Except as stated otherwise in the power of attorney, anattorney in fact fails to serve or ceases to serve when:
        (1) the attorney in fact dies;
        (2) the attorney in fact resigns;
        (3) the attorney in fact is adjudged incapacitated by a court;
        (4) the attorney in fact cannot be located upon reasonableinquiry;
        (5) the attorney in fact, if at one time the principal's spouse,legally is no longer the principal's spouse; or
        (6) a physician familiar with the condition of the currentattorney in fact certifies in writing to the immediate successorattorney in fact that the current attorney in fact is unable totransact a significant part of the business required under thepower of attorney.
    (b) Except as stated otherwise in the power of attorney, if thereplaced attorney in fact reappears or is subsequently able to transactbusiness, the successor attorney in fact shall remain as the attorneyin fact.
    (c) Except as otherwise stated in the power of attorney, anattorney in fact designated as a successor has the powers grantedunder the power of attorney to the original attorney in fact.
    (d) Unless a power of attorney provides a different method for anattorney in fact's resignation, an attorney in fact may resign by givingnotice to the principal and, if the principal is incapacitated:
        (1) to:
            (A) the principal's guardian, if a guardian has been appointedfor the principal; and
            (B) a co-attorney in fact or successor attorney in fact; or
        (2) if there is no person described in subdivision (1), to:
            (A) the principal's caregiver;
            (B) another person reasonably believed by the attorney infact to have sufficient interest in the principal's welfare; or
            (C) a governmental agency having authority to protect the

welfare of the principal.
As added by P.L.149-1991, SEC.2. Amended by P.L.143-2009,SEC.28; P.L.6-2010, SEC.21.

IC 30-5-4-5
Reimbursement of expenses; fee for services
    Sec. 5. (a) Except as stated otherwise in the power of attorney, anattorney in fact is entitled to reimbursement of all reasonableexpenses advanced by the attorney in fact on behalf of the principal.
    (b) Except as otherwise stated in the power of attorney, anattorney in fact is entitled to a reasonable fee for services rendered.The attorney in fact shall, not later than twelve (12) months after thedate the service is rendered, notify the principal in writing of theamount claimed as compensation for rendering the service.
As added by P.L.149-1991, SEC.2.