§ 30-5-11-11 — "Digital asset"; "electronic communication"; "custodian"; "user"; "transaction in or affecting interstate or foreign commerce"; exclusive authority

Indiana § 30-5-11-11

• Jurisdiction: Indiana
• Art. 5: POWERS OF ATTORNEY
• Ch. 11: Electronic Powers of Attorney

Text

(a) For purposes of IC 29-3, IC 30-5, and IC 32-39:
(1) the electronic record for an electronic power of attorney is a
"digital asset" as defined in IC 32-39-1-10;
(2) the electronic record for an electronic power of attorney is not
an "electronic communication" as defined in 18 U.S.C. 2510(12)
or IC 32-39-1-12;
(3) the digital or electronic transfer of an electronic record for an
electronic power of attorney between any two (2) persons other
than the principal and principal's attorney or the principal and an
attorney in fact is an "electronic communication" as defined in 18
U.S.C. 2510(12) or IC 32-39-1-12;
(4) a custodian of an electronic power of attorney is also a
"custodian" as defined in IC 32-39-1-8; and
(5) the:
(A) principal of an electronic power of attorney;
(B) attorney in fact;
(C) attorney representing a principal or attorney in fact; or
(D) other person with authorized possession of or authorized
access to the electronic record for an electronic power of
attorney;
is a "user" for purposes of IC 32-39 if the person contracts with
another person to store the electronic record for the electronic
power of attorney.
(b) The execution or revocation of an electronic power of attorney
may be a contract of a "transaction in or affecting interstate or foreign
commerce" for purposes of the federal E-Sign Act (15 U.S.C. 7001).
(c) The execution or revocation of an electronic power of attorney
is subject to IC 26-2-8 unless there is a conflict between IC 26-2-8 and
any provision contained in this article. In the event of a conflict
between IC 26-2-8 and a provision of this article, the provision of this
article shall control.

Legislative History

As added by P.L.40-2018, SEC.4.