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Indiana Real Estate Power of Attorney Form

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Indiana Real Estate Power of Attorney Form is a document that gives a principal a written document so that the agent will have the ability to perform limited duties with the management, sale, closing or even the refinancing of that principal’s real property.

The principal must carefully supply, review, and agree to all of the information that has been provided. After the principal and witnesses have signed the document, the notary public present will be required to complete the remaining portion of the form and acknowledge its execution. This will allow the agent to present written proof of the principal’s approval of real estate transactions as stated on the notarized form.

Laws – § 30-5-5-2

How to Write

1 – Consolidate Information Regarding The Real Estate And Parties Involved, Then Download This Form

This form will require quite a bit of information regarding the Principal, Attorney-in-Fact, the Principal’s Real Estate, and the Principal’s Preferences. Make sure that appropriate reference materials for all these items have been gathered then use the button below the image on the right to obtain a copy of this form.

2 – Supply The Name Of Each Party Directly Involved

On the first blank line of this document, enter the Full Name of the person who plans to name and approve an Agent to act with the same Authority he or she has. This is known as the Principal or Grantor. This should be immediately followed by the word “of” and the Name of the Indiana County the Principal lives in.

The individual who will take on the role of the Principal’s Agent should also be clearly identified. Use the second and third blank spaces (in the first paragraph) to report the Full Name and Residential County of the Agent assuming Principal Authority in the Principal’s Real Estate.

 

3 – Provide The Real Estate And Powers That Will Be Assumed

The first section, “Powers and Purposes,” will first request a definition for the Real Estate being discussed in this document. On the blank space between the phrase “…situated in” and the word “County,” record the County Name where the Principal’s Real Estate is located. Next, enter the Legal Description of the Property the Agent may exert Principal Authority over in the blank space provided. If there is not enough room, you may continue the Legal Description on a titled sheet of paper and attach it to this document. The next statement (beginning with “the address of…”) must have the Physical Address of the Real Estate in focus presented on the blank space after the words “…is commonly known as.”

 

4 – The Start Date And Termination Date Of These Powers Must Be Defined

The next section, titled “Effective Date And Termination,” will present several choices to solidify when precisely the Agent may use the Real Estate Powers, designated to him or her, on behalf of the Principal. Locate Item A. If the Powers granted to the Agent will go into Effect when the Principal signs this form, mark the first checkbox. If there is a specific future Date when the Agent will be approved to use such Authority, then mark the second checkbox and enter the Start Date across the three empty spaces in this choice. If the Agent may only use this Authority if the Principal is diagnosed as incapacitated, disabled, and/or incapable of handling his or her affairs, then mark the third checkbox. Now, locate Item B. There will be two parentheses in this statement. If all Principal Powers should be denied to the Agent when the Principal becomes disabled or incompetent, then cross out the parentheses “shall not.” If such an event should have no bearing on the Agent’s ability to wield such power, then cross out the parentheses “(shall).”

Item C will seek to document when Authority and Powers in this document should no longer be available to the Agent. Three choices are presented. If the Agent should be denied Principal Power upon the incapacitation of the Principal, then mark the first checkbox. If there will be a specific End Date for the Agent’s access to Principal Power, then mark the second box and enter the date (Day, Month, Year) of this Termination. If the Authority in this document remains accessible to the Agent until the Principal submits an official revocation, then mark the third checkbox.

5 – Legal Principal Approval Is Required

The Principal must record the Calendar Day, Month, and Year of signing on the first three blank spaces in the third section (“Ratification” and “Indemnification”).On the blank spaces below this statement, the Principal must sign his or her Name then Print it below the Signature precisely as it is recorded in the first paragraph. There will be enough room for two Principals to do this, if necessary. The section starting with the words “State of Indiana” and ending with “My County of Residence” may only be filled out by a Notary Public who presided over the signing.

The next statement requiring attention (starting with the words “This instrument…”) must have the full Name of the individual who physically filled out this form recorded on the blank space presented.

On the last blank space of this document, enter the Address where the County Recorder must mail the completed form.

 

This document must be recorded with the County Recorder’s Office where the Property is located.


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