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Indiana Durable (Financial) Power of Attorney Form

An Indiana durable power of attorney form can be used to appoint an agent to exercise control over a person's finances. After being appointed, the agent will have ultimate control to make business decisions on behalf of the principal. "Durable" means the form remains legal if the represented principal becomes incapacitated.
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Signing Requirements

The principal is required to sign in the presence of a notary public or with 2 witnesses ((IC 30-5-4-1(a)(4))

Definition of “Durable”

The Indiana Code does not define “durable.”

Definition of “Power of Attorney”

“Power of attorney” means a writing or other record that grants authority to an attorney in fact or agent to act in place of a principal, whether the term “power of attorney” is used. The term refers to all types of powers of attorney, including durable powers of attorney, except for the following:

(1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of credit in connection with a credit transaction.

(2) A proxy or other delegation to exercise voting rights or management rights with respect to an entity.

(3) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose (IC 30-5-2-7)

Statutory Form

The Indiana Legislature does not provide a sample statutory power of attorney form.