An Indiana Power of Attorney is a type of form you can use to make someone your representative to act on your behalf with your financial or health or other matters. Since you are allowing someone to act on your behalf, it is important that your representative be someone that you trust implicitly with your finances or other matters. The representative should be reliable and responsible as well. All forms should comply with Title 30, Article 5 (Powers of Attorney) of the Indiana Code.
Types
Durable Power of Attorney – Permits the person granting the power to appoint a friend or relative he or she trusts to manage his or her financial and other interests as set forth in the document. This power continues even if the principal becomes incapacitated and is not able to make decisions for themselves.
General Power of Attorney – Permits the person granting the power to allow a trusted, responsible person to administer certain matters for his or her benefit. In the event the person making the POA is no longer able to make decisions for himself, this type of document will no longer be valid.
Limited Power of Attorney – A POA limited to a specific transaction or event.
Health Care and Appointment of Representative – This form allows you to choose a person you trust to make health care decisions for you.
Minor Child Power of Attorney – Allows a parent to appoint someone to be a guardian for their children in the event they are away for an extended period of time.
Power of Attorney Revocation – Terminates a POA that was entered into previously.
Real Estate Power of Attorney – A special request that only allows an individual to handle the sale or control of real property.
Tax Power of Attorney (Form 49357) – Allows you to appoint someone to represent you in front of the tax authorities.
Vehicle Power of Attorney (Form 01940) – To use when you need someone to represent you in front of the Bureau of Motor Vehicles.
How to Write
1 – The Required Form Should Be Downloaded Directly From This Page
The image on the right will have three buttons below the file preview image. Select one of these buttons to open the form. You may download one or all of the file versions at your discretion.
2 – Record The Identity Of Both Principal And Attorney-in-Fact
There will be two tables at the top of this form. Each one is reserved for one type of entity. The first table will require the Full Name, Place of Residence, and Date of Birth of the Principal to be entered. When filling out the “Place of Residence,” make sure you enter a Physical Address that is corroborated by the Principal’s Identification Cards
The next table, labeled “Attorney-in-Fact/Agent,” must have the Full Name, Place of Residence, and Date of Birth of the individual being appointed with the Principal’s Authority. All the information reported in this table should match that on his or her I.D. Cards.
3 – Review The Principal Powers And Actions Allowed The Attorney-in-Fact Through This Document
The next six paragraphs will define what the Attorney-in-Fact may do on behalf of the Principal in different areas of the Principal’s life. The Principal should read each numbered item. If he or she does not wish to grant the Powers defined in that item to the Agent, he or she should cross out that item. If only some of the actions should be withheld from the Agent, the Principal may strike through these individual actions with a horizontal line, leaving the rest of the item intact.
If the Agent should be able to act as the Principal with the Principal’s Bank Accounts then, leave Item 1 intact. If not, the Principal should cross out this paragraph or the components that should not be applicable.
Item 2 will empower the Agent or Attorney-in-Fact with the Principal Authority regarding the Principal’s Real Property. The Principal may cross out any or all parts of this paragraph to withhold it from the Attorney-in-Fact
The third item will give the Agent the Principal Authority to act as the Principal regarding the Principal’s Personal Property. Any of the Actions or Authorities listed in this item may be withheld by crossing out this paragraph (or parts of).
The paragraph in Item 4 will grant the Attorney-in-Fact the ability to Lend Money or Borrow Money in the Principal’s Name. This paragraph may be struck out entirely or parts of it may be crossed out at the discretion of the Principal
If the Principal wishes to grant the Attorney-in-Fact the Power to Transact Business in his or her Name, then he or she should review Item 5. If all these actions and authorities should be applied, then Item 5 should be unmarked. However, if the Principal wishes to limit the Agent in this aspect, he or she may strike out any part of this item.
Item 6 will name the Attorney-in-Fact with the Principal Power to carry out all of the powers in this document on or around the Premises. This item, or parts of it, may be crossed out at the discretion of the Principal.
Once the Principal has reviewed this area must sign the bottom of the page.
4 – Solidify This Power Of Attorney
The next page will have several paragraphs that will need direct attention.
First, the Principal must enter his or her Name on the first blank line after the statement beginning with “This Power of Attorney is not affected…”
Next, the Principal must enter the Calendar Day (i.e. 1st, 2nd, 3rd) of the Month this document is being signed on the blank line preceding “day of” then enter the Month and Year he or she signs this document on the blank spaces after these words.
The Principal must sign his or her Name on the Signature Line (labeled “Signature of Principal”).
The next paragraph has been provided so a Witness may verify the Principal Signing as true. On the first blank line, the Witness must enter his or her Full Name.
The next three blank spaces (around the word “day of”) requires the Date of Signature. This must be the same as the Principal’s Date of Signature.
Finally, on the blank line below this paragraph, the Witness must sign his or her Name as a testimony to the Principal’s Signature.
The bottom of this page will contain a Notarization Section so the Notary Public viewing this signing may supply the required items for the notarization process.
