Updated May 20, 2024
An Indiana springing power of attorney gives an individual (an agent) the legal authority to make decisions about finances, property, and healthcare for another person (the principal). The power of attorney only becomes effective if the principal becomes incapacitated.
Permitted in Indiana?
Yes, a power of attorney may become effective at a future date or upon the occurrence of a future event.[1]
Signing Requirements
The document must be signed by the principal (or at the principal’s direction) in the presence of a notary public or at least two witnesses. When signed in the presence of witnesses, the power of attorney must include specific language detailed in the Indiana Code. Additionally, witnesses cannot have an interest in the power of attorney nor can the principal be a spouse or descendent of a witness.[2]
“Incapacity” Definition
“Incapacitated person” means an individual who:
- cannot be located
- cannot manage their property or provide self-care because of insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others on the individual, or other incapacity
- has a developmental disability[3]