§ 30-5-4-2 — Time power becomes effective; incapacity of the principal

Indiana § 30-5-4-2

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

Text

(a) Except as provided in subsection (b), a
power of attorney is effective on the date the power of attorney is
signed in accordance with section 1(a)(4) of this chapter.
(b) A power of attorney may:
(1) specify the date on which the power will become effective; or
(2) become effective upon the occurrence of an event.
(c) If a power of attorney becomes effective upon the principal's
incapacity and:
(1) the principal has not authorized a person to determine whether
the principal is incapacitated; or
(2) the person authorized is unable or unwilling to make the
determination;
the power of attorney becomes effective upon a determination that the
principal is incapacitated that is set forth in a writing or other record by
a physician, licensed psychologist, or judge.
(d) A person authorized by the principal in the power of attorney to
determine that the principal is incapacitated may:
(1) act as the principal's personal representative under the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
201 et seq.) and any rules or regulations issued under that act; and
(2) obtain access to the principal's health care information and
communicate with the principal's health care provider.

Legislative History

As added by P.L.149-1991, SEC.2. Amended by P.L.101-2008, SEC.10; P.L.143-2009, SEC.27; P.L.185-2021, SEC.23.