§ 30-5-11-3 — Definitions

The following terms are defined for this
chapter:
(1) "Affidavit of regularity" means an affidavit executed by a
custodian or other person under section 9 of this chapter with
respect to the electronic record for an electronic power of attorney
or a complete converted copy of an electronic power of attorney.
(2) "Complete converted copy" means a document in any format
that:
(A) can be visually viewed in its entirety on a monitor or other
display device;
(B) can be printed; and
(C) contains the text of an electronic power of attorney and a
readable copy of any associated document integrity evidence
that may be a part of or attached to the electronic power of
attorney.
(3) "Custodian" means a person other than:
(A) the principal who executed the electronic power of
attorney;
(B) an attorney; or
(C) a person who is named in the electronic power of attorney
as an attorney in fact or successor attorney in fact under the
power of attorney.
(4) "Custody" means the authorized possession and control of at
least one (1) of the following:
(A) A complete copy of the electronic record for the electronic
power of attorney.
(B) A complete converted copy of the electronic power of
attorney if the complete electronic record has been lost or
destroyed or the electronic power of attorney has been revoked.
(5) "Directed paralegal" means a nonlawyer assistant who is
employed, retained, or otherwise associated with a licensed
attorney or law firm and whose work is directly supervised by a
licensed attorney, as required by Rule 5.3 of the Rules of
Professional Conduct.
(6) "Document integrity evidence" means the part of the
electronic record for the electronic power of attorney that:
(A) is created and maintained electronically;
(B) includes digital markers showing that the electronic power
of attorney has not been altered after its initial execution by the
principal;
(C) is logically associated with the electronic power of attorney
in a tamper evident manner so that any change made to the text
of the electronic power of attorney after its execution is visibly
perceptible when the electronic record is displayed or printed;
(D) will generate an error message, invalidate an electronic
signature, make the electronic record unreadable, or otherwise
display evidence that some alteration was made to the
electronic power of attorney after its execution; and
(E) displays the following information:
(i) The city and state in which, and the date and time at
which, the electronic power of attorney was executed by the
principal.
(ii) The name of the principal.
(iii) The name and address of the person responsible for
marking the principal's signature on the electronic power of
attorney at the principal's direction and in the principal's
presence, as applicable.
(iv) A copy of or a link to the electronic signature of the
principal on the electronic power of attorney.
(v) A general description of the type of identity verification
evidence used to verify the principal's identity.
(vi) The content of the cryptographic hash or unique code
used to complete the electronic record and make the
electronic power of attorney tamper evident if a public key
infrastructure or a similar secure technology was used to sign
or authenticate the electronic power of attorney and if the
vendor or software for the technology makes inclusion
feasible.
Document integrity evidence may, but is not required to, contain
other information about the electronic power of attorney such as
a unique document number, client number, or other identifier that
an attorney or custodian assigns to the electronic power of
attorney or a link to a secure Internet web site where a complete
copy of the electronic power of attorney is accessible. The title,
heading, or label, if any, that is assigned to the document integrity
evidence (such as "certificate of completion", "audit trail", or
"audit log") is immaterial.
(7) "Electronic" has the meaning set forth in IC 26-2-8-102.
(8) "Electronic power of attorney" means a power of attorney
created by a principal that:
(A) is initially created and maintained as an electronic record;
(B) contains the electronic signature of the principal creating
the power of attorney;
(C) contains the date and time of the electronic signature of the
principal creating the power of attorney; and
(D) is either:
(i) notarized; or
(ii) signed in the presence of witnesses under sections
4(a)(2), 4.3, 4.5, 4.7, and 4.9 of this chapter.
The term includes an amendment to or a restatement of the power
of attorney if the amendment or restatement complies with the
requirements described in section 5 of this chapter.
(9) "Electronic record" has the meaning set forth in IC 26-2-8-102. The term may include one (1) or both of the
following:
(A) The document integrity evidence associated with an
electronic power of attorney.
(B) The identity verification evidence of the principal who
executed the electronic power of attorney.
(10) "Electronic signature" has the meaning set forth in IC 26-2-8-102.
(11) "Executed" means the signing of a power of attorney. The
term includes the use of an electronic signature.
(12) "Identity verification evidence" means either:
(A) a copy of a government issued photo identification card
belonging to the principal; or
(B) any other information that verifies the identity of the
principal if derived from one (1) or more of the following
sources:
(i) A knowledge based authentication method.
(ii) A physical device.
(iii) A digital certificate using a public key infrastructure.
(iv) A verification or authorization code sent to or used by the
principal.
(v) Biometric identification.
(vi) Any other commercially reasonable method for verifying
the principal's identity using current or future technology.
(13) "Logically associated" means electronically connected, cross
referenced, or linked in a reliable manner.
(14) "Observe" means to perceive another's actions or expressions
of intent through the senses of eyesight or hearing, or both. The
term includes perceptions involving the use of technology or
learned skills to:
(A) assist the person's capabilities of eyesight or hearing, or
both; or
(B) compensate for an impairment of the person's capabilities
of eyesight or hearing, or both.
(15) "Observing" has the meaning set forth in subdivision (14).
(16) "Sign" means valid use of a properly executed electronic
signature.
(17) "Signature" means the authorized use of the principal's name
to authenticate a power of attorney. The term includes an
electronic signature.
(18) "Tamper evident" means the feature of an electronic record,
such as an electronic power of attorney or document integrity
evidence for an electronic power of attorney, that will cause the
fact of any alteration or tampering with the electronic record, after
it is created or signed, to be perceptible to any person viewing the
electronic record when it is printed on paper or viewed on a
monitor or other display device. The term applies even if the
nature or specific content of the alteration is not perceptible.
(19) "Traditional paper power of attorney" means a power of
attorney or an amendment to or a restatement of a power of
attorney that is signed by the principal on paper.

Legislative History

As added by P.L.40-2018, SEC.4. Amended by P.L.10-2019, SEC.120; P.L.231-2019, SEC.39; P.L.185-2021, SEC.24; P.L.162-2022, SEC.23.