§ 30-5-4-1.3 — Attesting and subscribing witnesses; validity

Indiana § 30-5-4-1.3

• Jurisdiction: Indiana
• Art. 5: POWERS OF ATTORNEY
• Ch. 4: Creation of a Power of Attorney

Text

3. (a) This section applies to a power of
attorney executed in the presence of witnesses under section 1 of this
chapter on or after March 31, 2020.
(b) Any person who, at the time of attestation, is competent to be a
witness in this state may act as an attesting witness to the execution of
a power of attorney. A subsequent incapacity of an attesting witness
does not impair the effectiveness of a previously executed power of
attorney.
(c) A power of attorney executed under section 1(a)(4)(B) of this
chapter is void if:
(1) a subscribing witness to the execution of the power of attorney
has an interest in the power of attorney as described in subsection
(d); and
(2) the power of attorney cannot be proved without the witness's
testimony or proof of the witness's signature as a witness.
(d) A person serving as a subscribing witness to the execution of a
power of attorney has an interest in the power of attorney if:
(1) the power of attorney names the person as the principal's
attorney in fact or successor to the attorney in fact;
(2) the power of attorney grants a power or beneficial interest to
the person other than an appointment of the person as the
principal's attorney in fact or successor to the attorney in fact; or
(3) the witness is related to a person described in subdivision (1)
or (2).
(e) For purposes of this section, a witness is related to a person
described in subdivision (1) or (2) if the person is:
(1) the spouse of the witness; or
(2) a descendant of the witness.

Legislative History

As added by P.L.185-2021, SEC.19.