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Ind. Code § 30-5-4-1

Validity of power; conditions

Applied in 2 court decisions — leading case Sagamore Park Centre Associates Ltd. Partnership v. Sagamore Park Properties (1996)

Most recently applied in Brian K. Wynne v. Tyson Burris and Brian K. Alsip (June 2018)

As added by P.L.149-1991, SEC.2

Sec. 1. (a) To be valid, a power of attorney must meet the following conditions:

(1) Be in writing.

(2) Name an attorney in fact.

(3) Give the attorney in fact the power to act on behalf of the principal.

(4) 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.

(b) In the case of a power of attorney signed at the direction of the principal, the notary must state that the individual who signed the power of attorney on behalf of the principal did so at the principal's direction.

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