§ 30-5-4-1.7 — Self-proving clause; counterparts

Indiana § 30-5-4-1.7

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

Text

7. (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) When a power of attorney is executed, the power of attorney may
be:
(1) attested; and
(2) made self-proving;
by incorporating into or attaching to the power of attorney a
self-proving clause that meets the requirements of subsection (d) or (e).
If the principal and witnesses sign a self-proving clause that meets the
requirements of subsection (d) or (e) at the time the power of attorney
is executed, no other signature of the principal or witnesses is required
in order for the power of attorney to be validly executed and
self-proved.
(c) If a power of attorney is executed by the signatures of the
principal and witnesses on an attestation clause under section 1.5(c) of
this chapter, the power of attorney may be made self-proving at a later
date by attaching to the power of attorney a self-proving clause that:
(1) is signed by the principal and witnesses; and
(2) meets the requirements specified in subsections (d) and (e).
(d) A self-proving clause must:
(1) contain the acknowledgment of the power of attorney by the:
(A) principal; and
(B) statements of the witnesses;
under the laws of Indiana;
(2) evidence the acknowledgment described in subdivision (1) by
the signatures of the principal and witnesses (which may be made
under the penalties of perjury); and
(3) be attached or annexed to the power of attorney in a form that
is substantially as follows:
"We, the undersigned principal and the undersigned witnesses,
respectively, whose names are signed to the attached or foregoing
instrument declare that:
(1) the principal executed the instrument as the principal's power
of attorney;
(2) in the presence of both witnesses, the principal signed or
acknowledged the signature already made or directed another to
sign for the principal in the principal's presence;
(3) the principal executed the power of attorney as a free and
voluntary act for the purposes expressed in it;
(4) each of the witnesses, in the presence of the principal and of
each other, signed the power of attorney as a witness;
(5) the principal was of sound mind when the power of attorney
was executed; and
(6) to the best knowledge of each witness, the principal was, at
the time the power of attorney was executed, at least eighteen (18)
years of age or was a member of the armed forces or the merchant
marine of the United States or its allies.
Date __________
Principal __________
Witness __________
Witness __________".
(e) A power of attorney is attested and self-proved if the power of
attorney includes or has attached a clause signed by the principal and
the witnesses that indicates that:
(1) the principal signified that the instrument is the principal's
power of attorney;
(2) in the presence of least two (2) witnesses, the principal signed
the instrument or acknowledged the principal's signature already
made or directed another to sign for the principal in the principal's
presence;
(3) the principal executed the instrument freely and voluntarily for
the purposes expressed in it;
(4) each of the witnesses, in the principal's presence and in the
presence of all other witnesses, is executing the instrument as a
witness;
(5) the principal was of sound mind when the power of attorney
was executed; and
(6) the principal is, to the best knowledge of each of the
witnesses:
(A) at least eighteen (18) years of age; or
(B) a member of the armed forces or the merchant marine of the
United States or its allies.
(f) If the principal and the attesting witnesses executed the power of
attorney in two (2) or more counterparts on paper under section 1.5(d)
of this chapter, the self-proving clause, if any, for that power of
attorney must substantially be in the following form:
"We, the undersigned principal and the undersigned witnesses,
respectively, whose names are signed to the attached or foregoing
instrument declare:
(1) that the undersigned principal and witnesses interacted with
each other in real time through the use of technology and the
witnesses were able to observe the principal throughout the
signing process;
(2) that the principal executed a complete counterpart of the
instrument, in readable form on paper, as the principal's power of
attorney;
(3) that, in the presence of both witnesses, the principal signed the
paper counterpart of the power of attorney or acknowledged the
principal's signature already made or directed another individual
to sign the paper counterpart of the power of attorney for the
principal in the principal's presence;
(4) that the principal executed the power of attorney as a free and
voluntary act for the purposes expressed in it;
(5) that each of the witnesses, in the presence of the principal and
of each other, signed one (1) or more other complete counterparts
of the power of attorney as a witness;
(6) that each paper counterpart of the power of attorney that was
signed by a witness was complete, in readable form, and with
content identical to the paper counterpart signed by the principal;
(7) that the principal was of sound mind when the power of
attorney was executed; and
(8) that, to the best knowledge of each of the witnesses, the
principal was, at the time the power of attorney was executed, at
least eighteen (18) years of age or was a member of the armed
forces or the merchant marine of the United States or its allies.
Date __________
Principal __________
Witness __________
Witness __________".
(g) 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.21.