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Power of Attorney in Indiana: Requirements, Banks, and How to Get One
An Indiana power of attorney is signed before a notary or two witnesses, and it survives incapacity unless it says otherwise. Here is what IC 30-5 requires and what changed for health care in 2023.
By naveen · Updated · How we research our guides
What to know
- An Indiana power of attorney must be in writing, name an attorney in fact, and be signed by your parent before a notary or, since March 31, 2020, before two witnesses (IC 30-5-4-1).
- It isn't ended by your parent's incapacity unless the document says so (IC 30-5-10-3).
- Since January 1, 2023, health care powers can't be granted in an Indiana power of attorney; health care decisions now go in a separate advance directive.
- An Indiana business that refuses a power of attorney, without one of the reasons the statute lists, can owe three times actual damages plus attorney's fees (IC 30-5-9-9).
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
An Indiana power of attorney is valid when it's in writing, names an attorney in fact with power to act for your parent, and is signed by your parent, or at their direction, before a notary or witnesses (IC 30-5-4-1). "Attorney in fact" is Indiana's term for the agent. Under IC 30-5-5-16, a power of attorney signed after December 31, 2022 can't cover health care decisions.
What is a durable power of attorney in Indiana?
A durable power of attorney in Indiana is a writing that grants authority to an attorney in fact "to act in place of a principal" and that keeps working if your parent becomes incapacitated. Your parent is the principal. Indiana calls the person they name the "attorney in fact."
Durability is the default. Under IC 30-5-10-3, "Except as otherwise stated in the power of attorney, a power of attorney is not terminated by the incapacity of the principal." So the document doesn't need special durability wording to survive incapacity. For the reasons to set one up early, see our guide to power of attorney for an elderly parent.
What does Indiana require for a power of attorney to be valid?
Under IC 30-5-4-1, an Indiana power of attorney must be in writing, name an attorney in fact, give that person power to act for your parent, and be signed before a notary or witnesses:
| Requirement | What the statute says |
|---|---|
| Writing | Be in writing |
| Attorney in fact | Name an attorney in fact |
| Authority | Give the attorney in fact the power to act on your parent's behalf |
| Signature | Be signed by your parent, or at their direction, in the presence of a notary or of witnesses |
The witness option. For a power of attorney signed on or after March 31, 2020, your parent can sign before at least two witnesses instead of a notary. Your parent tells the witnesses it's their power of attorney and signs, and the witnesses sign in the presence of your parent and each other.
Choose witnesses carefully. A witnessed power of attorney can be void if a witness has an interest in it, for example by being named as the attorney in fact or a successor, or by being the spouse, parent or other ancestor of such a person, and the document can't be proved without that witness. Using a notary, or disinterested witnesses, avoids that problem.
Is there an official Indiana power of attorney form?
Indiana's power of attorney act, IC 30-5, doesn't include a fill-in statutory form. Instead, a power of attorney grants powers by referring to the descriptive language in sections 2 through 19 of IC 30-5-5, or by citing those sections (IC 30-5-5-1). The categories include real property, banking, insurance, retirement plans, transfer on death transfers, gifts, estate matters and "all other matters." A reference to a category is read as if the whole section were written into the document.
Some categories deserve a closer look before your parent signs. The gift power limits how much the attorney in fact, or someone they support, can receive in a year. The estate power lets the attorney in fact act on trusts but "may not make or change a will."
Can an Indiana power of attorney cover health care?
Not one signed now. Under IC 30-5-5-16, "a document granting health care powers to an attorney in fact for health care may not be executed under this chapter after December 31, 2022." If a power of attorney signed after that date grants both health care and other powers, "the health care powers are void," while the other powers stay in effect.
Health care decisions now go in a separate advance directive under IC 16-36-7; see our guide to Indiana advance directives. If your parent signed a power of attorney with health care powers before 2023, Indiana's code still addresses those documents, including how to resolve a conflict with a later advance directive.
When does it take effect, and when does it end?
It's effective "on the date the power of attorney is signed," unless it specifies a later date or an event (IC 30-5-4-2). If it starts on incapacity and no one is named to decide, a written determination by a physician, licensed psychologist or judge triggers it.
It ends at your parent's death, at a termination date stated in the document, or on revocation. An attorney in fact stops serving if they die, resign, are adjudged incapacitated, can't be located, or, "if at one time the principal's spouse, legally is no longer the principal's spouse."
A guardian doesn't end it. Under IC 30-5-3-4, "A guardian has no power to revoke or amend a valid power of attorney unless specifically directed to revoke or amend the power of attorney by a court order," and the court must hold a hearing with notice to the attorney in fact.
What does the attorney in fact have to do?
Under IC 30-5-6, the attorney in fact must use due care to act for your parent's benefit and exercise every power "in a fiduciary capacity." They aren't required to act at all, but once they do, they're liable for negligence.
The record rules are specific. The attorney in fact "shall keep complete records of all transactions" for six years, or until the records go to a successor. An accounting is due within sixty days if your parent, a guardian, or "a child of the principal" requests one in writing, unless a court finds that isn't in your parent's best interest. That gives adult children a way to ask questions. Our guide to protecting a parent from scams covers the warning signs any attorney in fact should know.
Do banks have to accept an Indiana power of attorney?
In effect, yes, unless one of the statute's exceptions applies. Under IC 30-5-9-9, a person who, "not more than three (3) business days after receiving a power of attorney, refuses to accept the authority of an attorney in fact" can be liable as if they'd refused your parent, for three times actual damages, attorney's fees and interest.
There are exceptions. A business isn't liable if it knew the power of attorney was revoked or had expired, knew your parent had died, or reasonably believes the document isn't valid, or doesn't grant authority for the transaction, and gives the attorney in fact a written statement of the reason within ten business days of refusing. A person who relies on a power of attorney in good faith is also protected from liability.
How do you get a power of attorney for an elderly parent in Indiana?
Your parent makes it: they choose an attorney in fact, use a document that incorporates the IC 30-5-5 powers they want to grant, and sign it before a notary or two disinterested witnesses. The steps, in order:
- Talk with your parent about who they'd want as attorney in fact, and who should succeed them.
- Choose a document, drafted by an attorney or from a reputable source, that incorporates the IC 30-5-5 powers your parent wants to grant.
- Decide whether it starts now or on incapacity.
- Your parent signs before a notary, or before two disinterested witnesses.
- If the attorney in fact may sign real estate documents, plan to record the power of attorney first.
- Give the attorney in fact a copy and keep the original somewhere safe.
Timing matters because your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in our Indiana guardianship guide. If the situation is complicated, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Indiana?
Your parent signs a written revocation. Unless the document says otherwise, a power of attorney "may be revoked only by a written instrument of revocation" that identifies the power of attorney and is signed by your parent (IC 30-5-10-1). A revocation "is not effective unless the attorney in fact or other person has actual knowledge of the revocation," so it needs to reach the attorney in fact and every bank holding a copy.
If the power of attorney was recorded, the revocation has to be recorded too, with a reference to where the original was recorded.
Does an Indiana power of attorney need to be recorded?
Only to sign documents that must be recorded, such as a deed. Under IC 30-5-3-3, an attorney in fact can act without recording, with one exception: the attorney in fact "shall record the power of attorney authorizing the execution of a document that must be recorded before presenting the document for recording."
How much does a power of attorney cost in Indiana?
Indiana caps the notary fee, and signing before two witnesses avoids it; there's no statutory fill-in form, so the cost of the document itself depends on where it comes from. The notary cap: a notary may charge "not more than ten dollars ($10) per signature" for taking an acknowledgment (IC 33-42-14-1), and a remote notary up to $25 per remote notarial act (IC 33-42-17-9).
Frequently asked questions
Does a power of attorney need to be notarized in Indiana?
Not necessarily. Under IC 30-5-4-1, your parent can sign before a notary or, for documents signed on or after March 31, 2020, before at least two witnesses. A witness with an interest in the document, such as the named attorney in fact, can make it void, so disinterested witnesses or a notary are the safer choice.
Is an Indiana power of attorney durable?
Yes, by default. IC 30-5-10-3 says a power of attorney "is not terminated by the incapacity of the principal" unless the document says otherwise. Indiana doesn't require special durability wording, and the attorney in fact's authority continues even if time has passed since it was signed.
Can an Indiana power of attorney make medical decisions?
Not if it was signed after December 31, 2022. IC 30-5-5-16 says health care powers in a power of attorney signed after that date are void, though its other powers stay in effect. Health care decisions now belong in an advance directive under IC 16-36-7, which names a health care representative.
Where can I get an Indiana power of attorney form?
Indiana's power of attorney act doesn't include a fill-in statutory form. A power of attorney grants powers by referring to the categories in IC 30-5-5, such as banking or real property. An attorney can draft one, and the document needs a notary or two disinterested witnesses to be valid.
How do I revoke a power of attorney in Indiana?
Your parent signs a written revocation that identifies the power of attorney. It takes effect only when the attorney in fact or another person has actual knowledge of it, so send copies to the attorney in fact and every bank holding the old document. A recorded power of attorney needs a recorded revocation.
Is a power of attorney from another state valid in Indiana?
Yes, if it was valid when made. Under IC 30-5-3-2, a power of attorney is valid in Indiana if it was valid when executed under Indiana's act, common law, the law of another state or foreign country, or the federal requirements for a military power of attorney.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it. It's one step among several, and in Indiana health care decisions need their own document. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Indiana Code Title 30, Article 5, Powers of Attorney: execution (30-5-4-1), effective date (30-5-4-2), powers by reference (30-5-5-1), health care cutoff (30-5-5-16), duties and records (30-5-6), refusal liability (30-5-9-9), durability (30-5-10-3) and revocation (30-5-10-1).
- IC 30-5-3-3, Recording: when a power of attorney must be recorded.
- IC 33-42-14-1, Notary fees: the maximum notary fee; IC 33-42-17-9 sets the remote notary fee cap.
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