§ 30-5-11-5 — Amendment of electronic power of attorney; revocation of electronic power of attorney

Indiana § 30-5-11-5

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

Text

(a) If the principal created or last amended a
power of attorney by electronically signing an electronic power of
attorney, the principal may amend or revoke the power of attorney as
follows:
(1) By complying with a method provided in the terms of the
power of attorney and making either an electronic signature or an
ordinary signature on paper to confirm the amendment or the
revocation.
(2) By performing one (1) or more of the following if the terms of
the power of attorney do not specify a method for amendment or
revocation or do not specify an exclusive method for amending or
revoking the electronic power of attorney:
(A) Using the principal's electronic signature on an electronic
record to manifest clear and convincing intent on behalf of the
principal to amend or revoke the power of attorney and to
specify the desired amendments or revocation.
(B) Using the principal's written signature on a paper record to
manifest clear and convincing intent on behalf of the principal
to amend or revoke the power of attorney and to specify the
desired amendments or revocation.
(C) By:
(i) permanently deleting each copy of the electronic record
for the electronic power of attorney that is in the principal's
possession or control; or
(ii) rendering each copy of the electronic record unreadable
and nonretrievable;
if the principal is not using a custodian to store the electronic
record.
(D) By transmitting or giving to the custodian of the electronic
power of attorney a written or electronic record of the desired
amendment or revocation that:
(i) is signed by the principal; and
(ii) directs the custodian to permanently delete the electronic
record for the electronic power of attorney or to render that
electronic record unreadable and nonretrievable;
if the principal is using a custodian to store the electronic
record.
If the principal knows that the electronic record for the electronic
power of attorney or a complete converted copy of the electronic power
of attorney is in the possession of a custodian, the principal has a duty
to use reasonable efforts to provide the custodian with written
electronic evidence of the amendment or revocation of the electronic
power of attorney.
(b) If the principal has possession of the electronic record for an
electronic power of attorney that the principal intends to amend or
revoke, the principal shall make and save a complete converted copy
of the electronic power of attorney before making and saving an
amendment or revocation of the electronic power of attorney under
subsection (a). If a custodian has possession of an electronic record for
an electronic power of attorney that the principal intends to amend or
revoke, the custodian shall make and save a complete converted copy
of the electronic power of attorney as it existed originally before
rendering the electronic record or electronic power of attorney
unreadable or nonretrievable for potential use in evidence in the event
that the validity of an amendment or revocation is later challenged.

Legislative History

As added by P.L.40-2018, SEC.4. Amended by P.L.10-2019, SEC.121.