Indiana § 30-5-10-3 Incapacity of principal

Indiana Statutes

§ 30-5-10-3 — Incapacity of principal

Indiana § 30-5-10-3

Art. 5POWERS OF ATTORNEY

Ch. 10Termination of the Power of Attorney

This text of Indiana § 30-5-10-3 (Incapacity of principal) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 30-5-10-3 (2026).

Text

(a)Except as otherwise stated in the power of attorney, a power of attorney is not terminated by the incapacity of the principal.

(b)The incapacity of a principal who has previously executed a power of attorney that terminates on the principal's incapacity does not revoke or terminate the power of attorney as to the attorney in fact or other person who, without actual knowledge of the incapacity of the principal, acts in good faith under the power. Unless otherwise invalid or unenforceable, an action taken under this subsection binds the principal and the principal's successors in interest.

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(a) Except as otherwise stated in the power of
attorney, a power of attorney is not terminated by the incapacity of the
principal.
(b) The incapacity of a principal who has previously executed a
power of attorney that terminates on the principal's incapacity does not
revoke or terminate the power of attorney as to the attorney in fact or
other person who, without actual knowledge of the incapacity of the
principal, acts in good faith under the power. Unless otherwise invalid
or unenforceable, an action taken under this subsection binds the
principal and the principal's successors in interest.