How to Obtain Power of Attorney in Indiana
Put it in writing., Identify the agent., Define the powers being assigned., Define the effective starting date of the power of attorney., Define the endpoint of the power of attorney., Have the signatures witnessed and notarized., Revoke the power...
Step-by-Step Guide
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Step 1: Put it in writing.
The first requirement for a valid power of attorney in Indiana is that it must be in writing.
You cannot grant this level of authority without a written document.
You may wish to consult with an attorney to aid in drafting the power of attorney, although this is not required.
No particular legal language is necessary, as long as you include the basic information.Use available templates from online sources.
If you search online for “Indiana Power of Attorney,” you will find several sources that provide template documents that are legally enforceable in Indiana.
If you use one of these forms and fill in the spaces, you will be assured to have a legally-binding power of attorney document.
In Indiana, if you wish to obtain power of attorney to assist a client, for example, with tax issues, you must use a particular form issued by the Indiana Department of Revenue.
That form is available online at www.in.gov/dor. -
Step 2: Identify the agent.
The person you are naming to act on your behalf becomes your agent or your attorney-in-fact.
Under Indiana law, for a power of attorney to be valid, you must name one or more agents specifically.
For example, if you give a power of attorney to your financial adviser to make certain financial decisions for you, that does not include other people in the same brokerage firm.You must include the names and addresses of both the principal and the agent or agents.
You may create a valid power of attorney using either an agent’s home or business address, whichever is more appropriate.
The phrase “attorney-in-fact” is different from an attorney who is a lawyer. , You need to state carefully what authority you are giving to your agent.
If you draft the power of attorney too generally, you may be giving away rights that you do not intend.
For example, if you draft a power of attorney that says, “Manage all my financial affairs,” that would include not only making financial investments but also collecting your weekly paycheck and deciding how to spend the money.A power of attorney can be used to grant one specific function or a collection of functions to the agent you select.
Some of the duties that are most commonly assigned through a power of attorney include:
Manage real estate.
Conduct your banking transactions.
Make legal claims and conduct litigation.
Deal with tax and retirement matters.
Operate your business.
Care for you or identified family members on your behalf. , You need to provide a statement that makes it clear when the power of attorney begins and when, if applicable, you intend it to end.
Under Indiana law, these may be specific dates, or they may be events, as long as the events are clearly defined.A “springing” power of attorney is one that is not immediately effective.
Instead, it becomes effective when some event happens in the future.
The most common springing power of attorney occurs with regard to your own health care.
You can draft a power of attorney that becomes effective when a doctor certifies that you are mentally or physically incapable of caring for yourself. , A power of attorney will carry whatever rights you allow, for whatever time period you allow.
If you do not specify an expiration date, the power of attorney will generally last indefinitely.
For example, if you sign a power of attorney that says, “I grant power of attorney to John Smith to manage my business beginning today,” then John Smith will have that authority indefinitely.
If this is not what you intend, then you need to provide some other instruction:
Name an ending date.
The clearest way to manage the termination of a power of attorney is to identify specific starting and ending dates.
For example, the power of attorney document may say, “This grant of authority expires on December 31,
2018.” , Under Indiana law, the person granting the power of attorney must sign the document.
The agent is not required to sign the power of attorney, although doing so is recommended.
The signatures must be witnessed and notarized.
The notary public will sign and seal the document after verifying the identities of the people signing it., If you grant a general power of attorney and do not specify an expiration date, it will remain effective.
However, under Indiana law, you can revoke it at any time.
To revoke any general power of attorney, you simply need to notify the agent that you are terminating the grant of authority.
You can provide this notice simply orally, although doing it writing is highly recommended.
If you wish to revoke a durable power of attorney for medical care, you will need to demonstrate that the mental or physical incapacity no longer exists. -
Step 3: Define the powers being assigned.
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Step 4: Define the effective starting date of the power of attorney.
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Step 5: Define the endpoint of the power of attorney.
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Step 6: Have the signatures witnessed and notarized.
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Step 7: Revoke the power of attorney at any time.
Detailed Guide
The first requirement for a valid power of attorney in Indiana is that it must be in writing.
You cannot grant this level of authority without a written document.
You may wish to consult with an attorney to aid in drafting the power of attorney, although this is not required.
No particular legal language is necessary, as long as you include the basic information.Use available templates from online sources.
If you search online for “Indiana Power of Attorney,” you will find several sources that provide template documents that are legally enforceable in Indiana.
If you use one of these forms and fill in the spaces, you will be assured to have a legally-binding power of attorney document.
In Indiana, if you wish to obtain power of attorney to assist a client, for example, with tax issues, you must use a particular form issued by the Indiana Department of Revenue.
That form is available online at www.in.gov/dor.
The person you are naming to act on your behalf becomes your agent or your attorney-in-fact.
Under Indiana law, for a power of attorney to be valid, you must name one or more agents specifically.
For example, if you give a power of attorney to your financial adviser to make certain financial decisions for you, that does not include other people in the same brokerage firm.You must include the names and addresses of both the principal and the agent or agents.
You may create a valid power of attorney using either an agent’s home or business address, whichever is more appropriate.
The phrase “attorney-in-fact” is different from an attorney who is a lawyer. , You need to state carefully what authority you are giving to your agent.
If you draft the power of attorney too generally, you may be giving away rights that you do not intend.
For example, if you draft a power of attorney that says, “Manage all my financial affairs,” that would include not only making financial investments but also collecting your weekly paycheck and deciding how to spend the money.A power of attorney can be used to grant one specific function or a collection of functions to the agent you select.
Some of the duties that are most commonly assigned through a power of attorney include:
Manage real estate.
Conduct your banking transactions.
Make legal claims and conduct litigation.
Deal with tax and retirement matters.
Operate your business.
Care for you or identified family members on your behalf. , You need to provide a statement that makes it clear when the power of attorney begins and when, if applicable, you intend it to end.
Under Indiana law, these may be specific dates, or they may be events, as long as the events are clearly defined.A “springing” power of attorney is one that is not immediately effective.
Instead, it becomes effective when some event happens in the future.
The most common springing power of attorney occurs with regard to your own health care.
You can draft a power of attorney that becomes effective when a doctor certifies that you are mentally or physically incapable of caring for yourself. , A power of attorney will carry whatever rights you allow, for whatever time period you allow.
If you do not specify an expiration date, the power of attorney will generally last indefinitely.
For example, if you sign a power of attorney that says, “I grant power of attorney to John Smith to manage my business beginning today,” then John Smith will have that authority indefinitely.
If this is not what you intend, then you need to provide some other instruction:
Name an ending date.
The clearest way to manage the termination of a power of attorney is to identify specific starting and ending dates.
For example, the power of attorney document may say, “This grant of authority expires on December 31,
2018.” , Under Indiana law, the person granting the power of attorney must sign the document.
The agent is not required to sign the power of attorney, although doing so is recommended.
The signatures must be witnessed and notarized.
The notary public will sign and seal the document after verifying the identities of the people signing it., If you grant a general power of attorney and do not specify an expiration date, it will remain effective.
However, under Indiana law, you can revoke it at any time.
To revoke any general power of attorney, you simply need to notify the agent that you are terminating the grant of authority.
You can provide this notice simply orally, although doing it writing is highly recommended.
If you wish to revoke a durable power of attorney for medical care, you will need to demonstrate that the mental or physical incapacity no longer exists.
About the Author
Richard Gibson
Writer and educator with a focus on practical home improvement knowledge.
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