Indiana § 30-5-11-10 Prima facie evidence of validity

Indiana Statutes

§ 30-5-11-10 — Prima facie evidence of validity

Indiana·Art. 5 POWERS OF ATTORNEY·Ch. 11 Electronic Powers of Attorney

(a)An electronic record, including any accompanying document integrity evidence contained in the electronic record, is:

(1)prima facie evidence of the validity of the electronic power of attorney; and

(2)prima facie evidence of the absence of unauthorized alteration of or tampering with the electronic power of attorney.

(b)If an electronic power of attorney appears to have been executed in compliance with this chapter, a complete converted copy of the electronic power of attorney is prima facie evidence of:

(1)the validity of the electronic power of attorney; and

(2)the absence of unauthorized alteration or tampering.

(c)Except when required by an order of the court, a custodian or other person in possession of an electronic record or electronic power of attorney is not required to

Free access — add to your briefcase to read the full text and ask questions with AI

(a) An electronic record, including any
accompanying document integrity evidence contained in the electronic
record, is:
(1) prima facie evidence of the validity of the electronic power of
attorney; and
(2) prima facie evidence of the absence of unauthorized alteration
of or tampering with the electronic power of attorney.
(b) If an electronic power of attorney appears to have been executed
in compliance with this chapter, a complete converted copy of the
electronic power of attorney is prima facie evidence of:
(1) the validity of the electronic power of attorney; and
(2) the absence of unauthorized alteration or tampering.
(c) Except when required by an order of the court, a custodian or
other person in possession of an electronic record or electronic power
of attorney is not required to make or issue an affidavit of regularity
concerning the custody of the electronic record for:
(1) an electronic power of attorney; or
(2) a complete converted copy of an electronic power of attorney.
(d) Notwithstanding subsection (c), any:
(1) custodian; or
(2) other person in possession of an electronic record or electronic
power of attorney;
may make an affidavit of regularity if any objection is asserted or any
doubt is raised regarding the validity of the electronic power of attorney
or about any alleged unauthorized alteration of the electronic power of
attorney.
(e) The presumption of regularity created by this section shall apply
to an electronic record or an electronic power of attorney regardless of
the number of custodians or other persons who:
(1) hold;
(2) receive; or
(3) transfer to another custodian, authorized person, or principal;
an electronic record or electronic power of attorney.
(f) The presumption of regularity created by this section for an
electronic record or electronic power of attorney may be rebutted by:
(1) clear and convincing evidence; or
(2) evidence that the principal executed another electronic power
of attorney.