Free Indiana Limited Power of Attorney Form

You can find every Indiana power of attorney document in our Indiana power of attorney forms section.

Indiana Limited Power of Attorney Requirements

The Indiana power of attorney requirements start with four points. The document must be in writing, name an attorney in fact and give that person the power to act for the principal. It must also be signed by the principal or at the principal's direction.^[1.1]

Section 30-5-4-1 of the Ind. Code sets the signing rule this way:

Be signed by the principal or at the principal's direction: (a) in the presence of a notary public, or (b) in the presence of witnesses as described under sections 1.3, 1.5, 1.7, and 1.9 of this chapter.

In plain words, the signature can be witnessed in either of two ways.

• Notary public. The signing takes place in front of a notary.
• Witnesses. The signing takes place in front of witnesses who also sign.

Indiana Limited Power of Attorney Form Details

Signing an Indiana Limited Power of Attorney: Notary or Witnesses

Indiana gives you two ways to sign a limited power of attorney. You can sign in the presence of a notary public, or you can sign in the presence of witnesses instead.^[1.1] A power of attorney signed before witnesses needs the signatures of the principal and at least two witnesses.^[1.3]

Witness Eligibility

Any person who is competent to be a witness in Indiana at the time of attestation may act as an attesting witness to the signing of a power of attorney.^[1.2]

Signing in Counterparts

Section 30-5-4-1.5 of the Ind. Code also covers a power of attorney signed in counterparts, which are separately signed paper copies. An attorney or a directed paralegal must supervise the signing.^[1.3]

• Assembly. The principal, or someone acting at the principal's specific direction, must physically assemble every separately signed counterpart and the signatures of the principal and all attesting witnesses. This must happen not later than five business days after all the paper counterparts have been signed.^[1.3] Count those days with our deadline calculator.
• Affidavit. The attorney or directed paralegal must sign an affidavit of compliance within a reasonable time afterwards.^[1.3]
• Oath. The signing attorney or directed paralegal must swear to or affirm the affidavit under the penalties of perjury.^[1.3]

How to Fill Out the Indiana Limited Power of Attorney Form

To fill out the Indiana limited power of attorney form, start on page 1 with the principal and the agent. Then list the tasks the agent may handle and set the dates. The form has three pages, and the steps below follow its order. Use the Create My Document button above to build the form online, then save and print it.

The screenshots under each step show the FormsPal Indiana limited power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Principal and agent (page 1). In the opening paragraph, enter your name and address as the principal. Then enter the name and address of the person you appoint as your agent, also called the attorney-in-fact.

   

2. Purpose(s) (page 1). Write each limited purpose on its own line. Be specific, such as one account, one piece of property or one transaction. The Special Instructions paragraph below limits the powers to these purposes and has nothing to fill in.

   

3. Effective date (page 1). Initial the line for the timing you want. One line is for immediate effect, and the other lets you write in a date.

   

4. Termination date: written revocation (page 1). Under Termination Date, initial the first line if the power of attorney should end when you have signed a written revocation. The other termination options continue on page 2.

   

5. Other termination options and successor agent (page 2). Initial the line to end the power of attorney on a date you write in, or the line to end it when you are determined to be incapacitated. Then enter your agent's name in the Successor Attorney-in-Fact paragraph, followed by the alternate agent's name and address. Page 2 also prints a paragraph about third parties who rely on a copy. It says you agree to indemnify the third party for claims that arise from that reliance. It has nothing to fill in, so read it before you sign.

   

6. Date and sign (page 2). Fill in the day, month and year on the "Signed this" line. Sign on the signature line and print your name below it.

   

7. Acknowledgment: county, date and officer (page 3). Page 3 holds the acknowledgment, which opens with State of Indiana and a County line. Enter the county, the date, the officer's name and title, and your name. The printed text says the officer verifies only the identity of the person who signed, not the truthfulness, accuracy or validity of the document.

   

8. Officer signature and seal (page 3). Page 3 ends with a Signature line and a (seal) mark. Both are for the officer who completes the certificate.

   

How to Sign and Use the Indiana Limited Power of Attorney

To use an Indiana limited power of attorney, print the completed form and sign it in front of a notary public. Then share copies with the people who will rely on it and keep the original somewhere safe. The steps below cover what to do once the form is filled in.

1. Sign before a notary. Sign the form in front of a notary public. The notary completes the acknowledgment on page 3. If you sign before witnesses instead, follow the witness rules above.^[1.1]
2. Share copies. Give copies of the signed form to your agent, any successor agent and the banks, offices or people who will ask for proof of the agent's authority.
3. Keep the original safe. Store it where you and your agent can find it.

How to Revoke an Indiana Limited Power of Attorney

Unless the power of attorney says otherwise, an executed Indiana power of attorney may be revoked only by a written instrument of revocation. The instrument must identify the power of attorney being revoked and must be signed by the principal.^[2.2]

• Tell the agent. A revocation is not effective unless the attorney in fact or other person has actual knowledge of the revocation.^[2.3]
• Record the revocation if the power of attorney was recorded. The revocation must then be recorded and must reference the book and page or instrument number where the instrument creating the power of attorney is recorded.^[2.4]

Many people also send a copy of the revocation to every bank or office that holds a copy of the power of attorney.

Frequently Asked Questions

These questions cover how long an Indiana limited power of attorney lasts, who may sign it, and what happens when the principal dies or becomes incapacitated. Each answer comes from the Indiana Code.

Does an Indiana limited power of attorney expire after a set amount of time?

Not because time passes. Unless the power of attorney provides otherwise, an attorney in fact may exercise authority until the authority terminates, even if time has passed since the document was signed.^[2.1] If the document specifies a termination date and time, it terminates at that date and time.^[2.5]

What if someone else signs the power of attorney for me?

Indiana allows it. The power of attorney may be signed at the principal's direction, in the presence of a notary public or witnesses. In that case, the notary must state that the individual who signed on behalf of the principal did so at the principal's direction.^[1.1]

Does the principal's death end the power of attorney?

Yes, a power of attorney terminates on the death of the principal.^[2.7] Two safeguards protect others who act in good faith.

• Death does not revoke or terminate the power of attorney as to an attorney in fact or other person who acts in good faith without actual knowledge of the death. That holds whether or not the document is durable.^[2.8]
• An action taken in good faith in that situation binds the principal and the principal's successors in interest, unless the action is otherwise invalid or unenforceable.^[2.8]

Does a witness's later incapacity affect the power of attorney?

No. A subsequent incapacity of an attesting witness does not impair the effectiveness of a previously executed power of attorney.^[1.2]

What happens if the principal becomes incapacitated?

Indiana's statute speaks to a power of attorney that terminates on the principal's incapacity, which means one that is not durable. Even then, the incapacity does not end it for an attorney in fact or other person who acts in good faith without actual knowledge of the incapacity.^[2.6]

General information, not legal or tax advice.

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Sources

Unless noted otherwise, the sources below are from the Ind. Code.

1. Ind. Code §§ 30-5-4-1 to 30-5-4-1.5.
   • 1.1 § 30-5-4-1
   • 1.2 § 30-5-4-1.3
   • 1.3 § 30-5-4-1.5
2. Ind. Code §§ 30-5-10-0.5 to 30-5-10-4(b).
   • 2.1 § 30-5-10-0.5
   • 2.2 § 30-5-10-1(a)
   • 2.3 § 30-5-10-1(b)
   • 2.4 § 30-5-10-1(c)
   • 2.5 § 30-5-10-2
   • 2.6 § 30-5-10-3(b)
   • 2.7 § 30-5-10-4(a)
   • 2.8 § 30-5-10-4(b)

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.