§ 30-5-11-4 — Creation of electronic power of attorney

(a) A principal, or person acting at the
principal's direction, may create a valid power of attorney by
electronically signing an electronic power of attorney:
(1) in the presence of a notary; or
(2) in the presence of witnesses under sections 4.3, 4.5, 4.7, and
4.9 of this chapter.
(b) The:
(1) principal;
(2) attorney in fact under the electronic power of attorney;
(3) attorney representing the principal or attorney in fact; or
(4) other person authorized by the principal;
may use the electronic record to make a complete converted copy of the
electronic power of attorney on or near the time of its execution or at
a later time when the full electronic record is available.
(c) A complete converted copy derived from a complete and correct
electronic power of attorney may be offered and admitted into evidence
as though it were an original and traditional paper power of attorney
without the need for additional proof or evidence of authenticity.
Whenever this article permits or requires an attorney in fact to provide
a copy of a power of attorney to an interested person, the attorney in
fact may provide a complete converted copy of the electronic power of
attorney. A complete and converted copy is conclusive evidence of the
power of attorney's terms unless otherwise determined by a court in an
order entered upon notice to all interested persons and after an
opportunity for a hearing.

Legislative History

As added by P.L.40-2018, SEC.4. Amended by P.L.185-2021, SEC.25.