§ 30-5-4-1.5 — Witnesses; counterparts; supervision of the execution

Indiana § 30-5-4-1.5

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

Text

5. (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) A power of attorney executed in the presence of witnesses under
section 1(a)(4)(B) of this chapter must be executed by the signatures of
the principal and at least two (2) witnesses on:
(1) a power of attorney under subsection (c);
(2) a self-proving clause under section 1.7(c) of this chapter; or
(3) a self-proving clause under section 1.7(d) of this chapter.
(c) A power of attorney may be attested as follows:
(1) By having the principal, in the presence of two (2) or more
attesting witnesses, signify to the witnesses that the instrument is
the principal's power of attorney and:
(A) sign the power of attorney;
(B) acknowledge the principal's signature already made; or
(C) at the principal's direction and in the principal's presence,
have someone else sign the principal's name.
(2) By having the attesting witnesses sign, in the presence of the
principal and each other, the power of attorney.
An attestation or self-proving clause is not required under this
subsection in order to execute a valid power of attorney.
(d) Only if the execution and completion of the power of attorney is
supervised by an attorney or directed paralegal, a principal and at least
two (2) attesting witnesses may execute and complete a power of
attorney in two (2) or more original counterparts that exist in a tangible
and readable paper form with:
(1) the principal's signature placed on one (1) original counterpart
in the presence of attesting witnesses; and
(2) the signatures of the remaining witnesses placed on one (1) or
more different counterparts affiliated with the same power of
attorney;
in a tangible and readable paper form. If a power of attorney is signed
and witnessed in counterparts under this subsection, the principal or an
individual acting at the principal's specific direction must physically
assemble all of the separately signed paper counterparts of the power
of attorney and the signatures of the principal and all attesting
witnesses not later than five (5) business days after all the paper
counterparts have been signed by the principal and witnesses. If the
principal directs another individual to assemble the separate, signed
paper counterparts of the will into a single composite paper document,
the five (5) business day period does not commence until the compiling
individual receives all of the separately signed paper counterparts. Any
scanned copy or photocopy of the composite document containing all
signatures shall be treated as validly signed under this section.
(e) An attorney or directed paralegal must supervise the execution
of a power of attorney in counterparts as described in subsection (d).
An attorney or directed paralegal may supervise the execution of a
power of attorney in counterparts even if the supervising attorney or
directed paralegal is one (1) of the power of attorney's attesting
witnesses.
(f) Within a reasonable time after an attorney or a directed paralegal
supervises the execution of a power of attorney in counterparts as
described in subsection (d), the attorney or directed paralegal must sign
an affidavit of compliance. An affidavit of compliance under this
subsection must be sworn to or affirmed by the signing attorney or
directed paralegal under the penalties of perjury and must contain:
(1) The name and residential address of the principal.
(2) The name and:
(A) residential address; or
(B) business address;
for each witness who signs the power of attorney.
(3) The address, city, and state in which the principal was
physically located at the time the principal signed an original
counterpart of the power of attorney.
(4) The city and state in which each attesting witness was
physically located when the witness signed an original
counterpart of the power of attorney as a witness.
(5) A description of the method and form of identification used to
confirm the identity of the principal to the witnesses and to the
supervising attorney or paralegal, as applicable.
(6) A description of the audiovisual technology or other method
used by the supervising attorney or paralegal, as applicable, the
principal, and the witnesses for the purpose of interacting with
each other in real time during the signing process.
(7) A description of the method used by the principal and the
witnesses to identify the location of each page break within the
text of the principal and to confirm that the separate paper
counterparts of the power of attorney were identical in content.
(8) A general description of how and when the attorney or
paralegal, as applicable, physically combined the separate, signed
paper counterparts of the power of attorney into a single
composite paper document containing the power of attorney, the
signature of the principal, and the signatures of all attesting
witnesses.
(9) The name, business or residential address, and telephone
number of the attorney or directed paralegal who supervised the
execution and witnessing of the power of attorney in counterparts.
(10) Any other information that the supervising attorney or
paralegal, as applicable, considers to be material with respect to:
(A) the principal's capacity to sign a valid power of attorney;
and
(B) the principal's and witnesses' compliance with subsection
(c).
After the attorney or directed paralegal signs an affidavit of compliance
under this subsection, the attorney or directed paralegal must preserve
an accurate copy of the signed affidavit with a scanned copy or
photocopy of the completely signed power of attorney. An affidavit of
compliance signed under this subsection is admissible as prima facie
evidence that the principal and witnesses executed the power of
attorney in counterparts that comply with the requirements of
subsection (c).
(g) A power of attorney that substantially complies with subsections
(c) and (d) may not be rendered invalid by the existence of:
(1) an attestation or self-proving clause;
(2) additional signatures; or
(3) other additional language;
not required by subsection (c).
(h) A power of attorney executed in accordance with subsections (c)
and (d) is self-proved if the witness signatures follow an attestation or
self-proving clause or other declaration indicating, in substance, the
facts set forth in section 1.7(d) or 1.7(e) of this chapter.
(i) This section shall be construed to favor the effectuating of the
principal's intent to make a valid power of attorney.

Legislative History

As added by P.L.185-2021, SEC.20.