Ind. Code § 30-5-11-10

Prima facie evidence of validity

Redline — January 1, 2018 → current.View current text →

Current — January 1, 2023

As of January 1, 2018

Sec. 10. (a) An electronic record, including any accompanying document integrity evidence contained in the electronic record, is:

(1) prima facie evidence of the validity of the electronic power of attorney; and

(2) prima facie evidence of the absence of unauthorized alteration or of tampering with the electronic power of attorney.

(2) prima facie evidence of the absence of unauthorized alteration of or tampering with the electronic power of attorney.

(b) If an electronic power of attorney appears to have been executed in compliance with this chapter, a complete converted copy of an electronic power of attorney is prima facie evidence of:

(b) If an electronic power of attorney appears to have been executed in compliance with this chapter, a complete converted copy of the electronic power of attorney is prima facie evidence of:

(1) the validity of the electronic power of attorney; and

(2) the absence of unauthorized alteration or tampering.

(c) Except when required by an order of the court, a custodian or other person in possession of an electronic record or electronic power of attorney is not required to make or issue an affidavit of regularity concerning the custody of the electronic record for:

(1) an electronic power of attorney; or

(2) a complete converted copy of an electronic power of attorney.

(d) Notwithstanding subsection (c), any:

(1) custodian; or

(2) other person in possession of an electronic record or electronic power of attorney;

may make an affidavit of regularity if any objection is asserted or any doubt is raised regarding the validity of the electronic power of attorney or about any alleged unauthorized alteration of the electronic power of attorney.

(e) The presumption of regularity created by this section shall apply to an electronic record or an electronic power of attorney regardless of the number of custodians or other persons who:

(1) hold;

(2) receive; or

(3) transfer;

~~an electronic record or electronic power of attorney~~ to another custodian, authorized person, or ~~principal.~~

(3) transfer to another custodian, authorized person, or principal;

an electronic record or electronic power of attorney.

(f) The presumption of regularity created by this section for an electronic record or electronic power of attorney may be rebutted by:

(1) clear and convincing evidence; or

(2) evidence that the principal executed another electronic power of attorney.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.