Free Indiana Power of Attorney Forms (12 Types) – PDF | Word

Free Indiana Power of Attorney Forms (12 Types) – PDF | Word

A Power of Attorney (POA) in Indiana is a document or a type of record that grants legally recognized authority to an individual to act or make binding decisions in some capacity on behalf of another person, due to physical or mental disability, being absent, or a requirement of the decision-making expertise of a professional.

The person to whom such authority is granted can represent the individual who granted the authority in some matter and make decisions as though they are indeed the original person to whom the authority belongs. Such affairs in which a POA is used include finances, health care, care of minor children, or some other arrangement.

An Indiana POA is created by drawing up and signing a document that states the transfer of authority. The person who wishes to transfer their authority (called the principal) draws up this document; stating the name of the person(s) to whom authority is being transferred (called the attorney-in-fact or agent), the nature and scope of the authority being given, and the duration for which the transfer of authority stays in effect. The document created is then signed before a public notary, who signs and seals the document, making the transfer of authority official.

An Indiana POA is written up either in handwriting or by typing out the specifics of the authority transfer and does not have to be overseen by any legal authority or expert besides the notary public who oversees the signing and seals the document. The drawing of up such a document can be overseen by an attorney to avoid ambiguousness and loopholes.

The POA and all other matters in Indiana are specified under Title 30, Article 5 of the Indiana Code.

Types of POA in Indiana

There are varying situations in which differences in the scope of authority transferred in each instance. Consequently, there are different types of the POA to authorize another person to act in each of these circumstances. Each POA grants a different scope of authority, regulates under what condition the agent can act, or dictate under what condition authorization occurs.

These types are:


durable financial indiana attorney doc

Durable (Financial) Power of Attorney

A durable (financial) Indiana POA grants authority to the person specified by the principal to manage some or all of the principal’s business or financial matters to a stated extent. A durable (financial) POA remains in effect even after the principal is incapacitated and can no longer make decisions for themselves. Durable POAs, like all other types of POA are covered under §30-5-4-1 of the Indiana Code.

Download: Microsoft Word (.docx)


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General (Financial) Power of Attorney

A principal uses a general (financial) Indiana POA to confer authority upon another person to control some or all aspects of the principal’s business or financial matters. A general (financial) POA terminates when the principal can no longer make decisions for themselves in the event of incapacitation.

Download: Microsoft Word (.docx)


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Limited Indiana Power of Attorney

A limited POA grants authority to an agent within a specified boundary. This type of POA only allows the agent to act on behalf of the principal under some specific condition as stated in the POA document. For example, this can be within a time, upon the occurrence of an event, while the principal employs the agent’s services or for a particular number of transactions. After the conditions have elapsed, a limited POA is no longer valid.

Download: Microsoft Word (.docx)


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Living Will (Form 56316)

A living will (Form 56316) is a declaration by a person about their preferred end-of-life procedures. A living will state the declarant’s intent not to have artificial life-sustaining procedures used to keep them alive due to incurable diseases, injuries, or illnesses.

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medical power indiana attorney doc

Medical Power of Attorney (Form 56184)

A medical POA delegates the authority to make medical decisions concerning the principal to another person (a health care representative) if the principal can no longer make such decisions. The representative can issue instructions on how the principal’s healthcare is conducted. Medical POAs are detailed in §30-5-5-16 of the Indiana Code.

 

 

Download: Microsoft Word (.docx)


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Minor (Child) Power of Attorney

A minor (child) power of attorney in Indiana transfers the authority from a parent or a guardian to another person to decide on behalf of the child regarding health care, education, support, and custody for a period not exceeding 12 months.

Download: Microsoft Word (.docx)


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Revocation of Power of Attorney

Revocation of power of attorney is a document used to terminate an existing POA in Indiana. The document states the intent of the principal to strip the attorney-in-fact of all previously granted powers under an existing POA. The means of revoking a power of attorney are stated under §30-5-5-2 of the Indiana Code, the principal must sign the document and notify the agent of the revocation.

Download: Microsoft Word (.docx)


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Real Estate Power of Attorney

A real estate POA gives a legal right to an agent to make decisions about the management of the real estate of a principal. This document authorizes an agent to acquire, sell, refinance, or lease out the absolute property of the principal over which the agent has been granted authority. Real estate POAs are covered under §30-5-5-2 of the Indiana Code.

Download: Microsoft Word (.docx)


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Tax Power of Attorney (Form 49357)

A tax POA allows a person to handle tax-related matters with the Indiana Department of Revenue on behalf of someone else. For example, the representative (attorney-in-fact) can file documents, obtain tax information, and appear before the Department of Revenue on behalf of the principal. This type of POA is most often granted to financial advisers in Indiana.

Download: Microsoft Word (.docx)


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Vehicle Power of Attorney (Form 01940)

A vehicle POA authorizes an agent t handle the registration, change of ownership, and other matters related to the titling of a motor vehicle or watercraft before the Indiana Bureau of Motor Vehicles on behalf of a principal. This type of POA is only valid for 90 days.

Download: Microsoft Word (.docx)


springing Indiana POA

Springing Power of Attorney

A springing Indiana POA is a transfer of authority that comes into effect only after a specific event. For example, the attorney-in-fact is authorized to manage some aspect of the principal’s affairs (which could be financial or medical) at a future time when the principal is unable to do so following a specific event, usually incapacitation.

Download: Microsoft Word (.docx)


department of revenue Indiana POA

Department Of Revenue Indiana Power of Attorney

A Department of Revenue (DOR) POA in Indiana, also referred to as a tax POA or Form 49357, is a document authorizing an agent to handle tax-related matters on behalf of the principal. This type of POA has a particular use and method of creation. The significant difference between a tax POA and other POAs is that the principal does not draw up the POA themself, and a notary public is not the authority who oversees the transfer of authority.

A DOR POA is valid for only five years and can be revoked at any time within those five years by the principal sending a letter to the DOA revoking the existing POA.

Download: Microsoft Word (.docx)

    Indiana Power of Attorney Requirements

    The requirements which must be met to create a power of attorney under Indiana Law are specified under §30-5-4-1 of the Indiana Code.

    • The POA must be in writing, either handwritten or typed.
    • The POA must identify an attorney-in-fact whom the principal is authorizing.
    • The attorney-in-fact must be authorized in a statement to act on behalf of the principal in some affair.
    • The POA must include the principal’s signature, or a signature appended at the principal’s direction in the presence of a notary public.
    • In the case, if an Indiana power of attorney is signed at the direction of the principal, the notary must state that the individual who signed a power of attorney on behalf of the principal did so at the principal’s direction.

    Any power of attorney created while these requirements are not met is not considered valid or binding.

    Creating a Power of Attorney in Indiana

    There are multiple steps involved in creating a power of attorney, each of which ensures that due compliance is maintained with all the requirements set forth under Indiana law.

    Put it in writing

    All power of attorneys must be established as a written document, either neatly handwritten or typed in Indiana. This document must state some required information relating to the transfer of authority on a particular matter. This includes the principal’s name, the agent’s name, the transfer of authority on some matter, the extent of the authority being transferred, the duration of the authority transfer, and the principal’s signature and a notary public.

    The creation of an Indiana power of attorney does not have to include the involvement of a legal practitioner, but the document can be reviewed or drawn up by an attorney.

    Choose an agent

    The person to whom the principal transfers their authority must be named in the POA. The agent must be specified by name and a business or home address. The identification must be clear enough that no ambiguity can exist. One or more persons may be named as an agent.

    Describe the powers being assigned

    The nature and scope of authority being granted to the agent must be stated in the POA. This prevents the agent from acting beyond the capacity intended by the principal. This is represented in the document’s wording, as using overly general words like “all” or “in entirety” can authorize the agent beyond what is intended.

    Effective starting date of POA

    This part of the POA states the point in time at which the agent begins to act on behalf of the principal. This can be made explicit using statements such as “effective immediately,” which authorizes the agent from the day the notary seals the document. In addition, a particular date in the future can be stated by the principal or a condition upon which the POA activates (springing POA).

    Endpoint of POA

    The endpoint of a POA details the point at which the agent no longer has the authority to act on behalf of the principal. A POA will last indefinitely from when it was granted if no endpoint is specified. The endpoint is typically when the agent loses the powers granted. However, the endpoint can also be a condition, such as the termination of the agent’s employment.

    Witnessed and notarized signature

    The witness is called a notary public, a public officer certified by the law to act as such. The principal will sign the POA document in the notary’s presence, effecting the transfer of authority. However, the principal and the agent must both present some form of identification such as a driver’s license to the notary at the signing for verification. After these proceedings, the notary will sign and seal the document, confirming the transfer.

    Revoke POA at any time

    The principal can revoke an Indiana power of attorney at any time within which the POA is in effect. The principal will have to draft a letter that states the removal of authority from the agent and the effective date of removal. This document is also signed and sealed by a notary to certify it.

    How to Identify an Agent or Representative

    The person to whom a power of attorney is granted has significant authority over some aspect of the principal’s life in Indiana. The agent can make decisions that are binding on the principal, and as such, the appointment to such a position of authority should not be made lightly.

    • A family member or close friend: Some responsibilities which can be granted through a POA concern intimate matters such as medical matters or minor child care. Choose to entrust such matters to a family member or a close friend with a perfect sense of justice.
    • Business: In matters which require professional expertise such as financial or real estate management, a POA can be granted to a person with whom the principal does business. It is always advisable to select a person who is trustworthy and with a good track record.
    • Friend or neighbor: A friend or a neighbor can be appointed as an agent in less personal matters.

    Free Forms

    indiana power of attorney word template

     indiana power of attorney form

      How to Get a Power of Attorney in Indiana

      A power of attorney authorizes another person to make decisions for the principal while the principal is incapacitated.

      Create a POA document

      The transfer of authority to make special decisions has to be specified in a POA. This must be a single distinct document stating the principal’s intent to transfer his decision-making authority to a specified person and the condition under which the transfer occurs. The POA must be witnessed and signed by a notary.

      Make a durable POA

      A durable POA extends the agent’s authority even when the principal is incapacitated and can no longer make independent decisions. Since a principal must be incapacitated before a POA can take effect, all POAs should be established as durable POAs. Furthermore, a durable POA can last for the duration of the principal’s life, meaning the agent can step in whenever the principal cannot make their decisions.

      Seek guardianship from the court

      If a principal does not draw up a durable POA while mentally competent or before becoming incapacitated, a court can be petitioned to grant the powers of a POA. This is referred to as guardianship. To obtain guardianship, a petition will need to be submitted at the presiding local probate or family court.

      How to Revoke Indiana POA?

      The authority granted to an attorney-in-fact to make decisions can be revoked by the principal at any time. The revocation is effected employing a document called the revocation of power of attorney form in Indiana. The document states the removal of the granted powers, the name of the attorney-in-fact, the principal’s name, the date from which the revocation takes effect, and the principal’s signature and notary.

      Upon completing this document, the document must be sent to all parties to whom the POA was previously relevant. This is to notify those parties that the agent no longer acts on the principal’s behalf. Suppose those parties are not duly informed in this manner. In that case, the parties are not liable for any decision made by the former agent on behalf of the principal even after the revocation has come into effect.

      Key Takeaways

      • A power of attorney in Indiana is a document used to transfer authority from one person to another in some matters.
      • An Indiana POA can be employed in finances, medical care, minor child care, real estate, vehicle titling, or tax matters.
      • Care should be taken when drafting a POA, as a POA has specific requirements which must be met before the document becomes valid.
      • Only trusted people should be granted POAs as these are compelling documents that can significantly affect the person granting one.