Power of Attorney in Indiana: Guide and Requirements

A power of attorney, or POA, in Indiana is a legal document that allows you (“the principal”) to appoint another person (an “agent” or “attorney in fact”) to act on your behalf. A power of attorney in Indiana must meet several requirements to be valid.

In Indiana, you can get a power of attorney for situations related to health care, finances, minor children or other situations.

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Indiana power of attorney requirements

A power of attorney in Indiana must meet all of these requirements to be valid:

• The principal must be a mentally competent adult.

• The agent must be a mentally competent adult. You can name co-agents (this can be a good way to designate a successor agent in case the first agent becomes unavailable).

• The POA typically must be in writing and notarized — or signed with two witnesses present. (For a medical POA, only one witness is legally required, and a minor child POA has no legal requirement but notarization is recommended.) Using a notary can be a good idea even if you have witnesses; it improves your chances that third parties will accept the power of attorney.

• Your witnesses can’t be your agent, successor agent or anyone who benefits or is granted power from your POA; they also can’t be spouses or descendants of any of these disqualified people.

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Types of Indiana powers of attorney

There are three major types of Indiana power of attorney:

• Financial POA:

  This document gives your agent authority to handle business and financial matters for you, such as paying your bills or buying and selling property for you.

• Medical POA:

  This document allows your agent to make medical decisions for you if you’re unable, including deciding the treatments or medication you receive and which providers treat you.

• Power of attorney over a minor child:

  This POA lets you choose someone to temporarily care for a minor child for up to 12 months. Some reasons for this type of POA include a parent being ill, deployed in military service or in the process of moving.

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Additionally, Indiana recognizes these subcategories of powers of attorney:

• General power of attorney:

  This grants your agent broad authority over your business and financial affairs, and it remains in effect only as long as you’re able to make your own decisions.

• Durable power of attorney

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  This means the power of attorney remains valid even if you lose the ability to make your own decisions.

• Springing power of attorney:

  This type of POA only activates under certain specified conditions, such as a minor coming of age or the principal becoming incapacitated.

• Limited power of attorney:

  This type of POA only gives your agent authority over a specific transaction or event for a limited period of time.

• Real estate power of attorney:

  This type of limited POA allows your agent to purchase, sell, manage or refinance property on your behalf.

• Tax power of attorney:

  This type of limited POA lets someone else file your taxes, access your tax information and communicate on your behalf with the Indiana Department of Revenue.

• Vehicle power of attorney:

  This type of limited POA lets your agent represent you in titling and registration matters with the Indiana Bureau of Motor Vehicles.

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How to get a power of attorney in Indiana

Here’s what you need to do to create a valid power of attorney in Indiana:

• Decide which type of POA you need.

• Get some online estate planning software or contact an estate planning attorney to start the document drafting process.

• Select your agent(s).

• Include in your POA document any specific powers you’d like your agent to have.

• Sign your POA in the presence of required witnesses and/or notary public.

• Store your original document in a safe place.

• Give a copy of your POA to your agent and to any financial institutions or medical providers your agent will be dealing with.

• If your agent has the authority to complete real estate transactions for you, file a copy of your POA with the land records office, which in Indiana is called the recorder’s office.

• Review and update your POA as needed.