How To Get Power Of Attorney In Indiana

A Power of Attorney (POA) lets an agent make decisions for a principal who can’t decide for various reasons.

It can last until the task is completed or the principal’s death.

Additionally, the principal has the option to revoke it if they no longer trust the agent or find a better one.

To get a power of attorney in Indiana, the agent and principal complete a suitable form, which can be found online or with the help of an attorney. The principal specifies the agent’s duties in the document.

How To Get Power Of Attorney In Indiana
How To Get Power Of Attorney In Indiana. Source (Forbes)

Defining Power of Attorney in Indiana

A Power of Attorney (POA) allows someone (the agent or “attorney-in-fact”) to manage another person’s affairs when they can’t do it themselves due to illness, disability, or absence.

The agent’s authority can be broad or limited, depending on the type of POA.

The Indiana POA can end if the principal revokes it, a court invalidates it, the agent cannot fulfill their duties, the agent and the principal separate or divorce, or the principal dies.

Choosing a POA in the State of Indiana

Choosing the right agent is critical for a principal, as it involves immense power and responsibility, potentially impacting the principal’s life or finances.

It’s essential to select a capable and trustworthy person with equivalent legal authority.

An agent’s errors can be hard to fix, and they may prioritize their interests over the principal’s.

The agent can be any competent adult, like an accountant, attorney, banker, or a family member (spouse, adult child, sibling, or parent).

Family members can save on fees and better protect the principal’s confidentiality.

Granting Power of Attorney Under Indiana Law

To create an Indiana power of attorney, the agent and principal complete a suitable form, which can be found online or with the help of an attorney. The principal specifies the agent’s duties in the document.

In Indiana, a notary public must witness and sign the form, including their printed name and notarial seal.

Principals can find notaries at banks, print and mail shops, law firms, or use a mobile notary service.

After completing the form, make copies for the agent and others involved.

Keep the original in a secure place, like a safe deposit box or a locked fireproof cabinet, and inform the agent of its location.

Who Should Create a Power of Attorney?

Every adult should create a Power of Attorney (POA) because there will be times when they cannot manage their affairs or will be unavailable. Common situations for needing a POA include:

  1. Traveling abroad temporarily or permanently.
  2. Health issues, limited mobility, or aging.
  3. Residing in a care facility and requiring assistance.

The principal needs to set up a POA on their own; otherwise, family cannot do it later.

Without one, a court-appointed guardian results in a loss of control for both the individual and their family.