§ 30-5-10-4 — Death of principal; extended authority of attorney in fact

Indiana § 30-5-10-4

• Jurisdiction: Indiana
• Art. 5: POWERS OF ATTORNEY
• Ch. 10: Termination of the Power of Attorney

Text

(a) Except as provided in subsections (b) and
(c), a power of attorney terminates on the death of the principal.
(b) The death of a principal who has executed a written power of
attorney does not revoke or terminate the power of attorney as to the
attorney in fact or other person who, without actual knowledge of the
death 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.
(c) The death of a principal who executes a written power of
attorney does not revoke or terminate the power of attorney as to
authority granted under one (1) or more of the following:
(1) IC 30-5-5-14(a)(2).
(2) IC 30-5-5-14(a)(3).
(3) IC 30-5-5-14(a)(5).
(4) IC 30-5-5-14(a)(7).
(5) IC 30-5-5-16(b)(5).
(6) IC 30-5-5-16(b)(6).
(7) IC 30-5-5-16(b)(7).
An action taken under this subsection binds the principal and the
principal's successors in interest, unless the action is inconsistent with
a written directive executed by the principal before the principal's
death. The authority of the attorney in fact under subdivisions (1)
through (4) is limited to the tax periods prior to and including the date
of the principal's death and terminates upon the appointment of a
personal representative under IC 29-1.
(d) Notice from the United States Department of Defense of the
death of a principal who has given a power of attorney is official notice
of the death of the principal. A report or listing of the principal's being
missing or missing in action does not do any of the following:
(1) Constitute and may not be interpreted as actual notice of the
death of the principal.
(2) Terminate the power of attorney.

Legislative History

As added by P.L.149-1991, SEC.2. Amended by P.L.238-2005, SEC.53; P.L.50-2025, SEC.8.