INDIANA UNIFORM POWER OF ATTORNEY
(Indiana Code § 30-5-1-1 et seq. - Indiana Power of Attorney Act)
This Power of Attorney is made on [[Date of Signing]] by [[Principal Full Legal Name]] ("Principal"), residing at [[Principal Address, City, Indiana, ZIP]], pursuant to the Indiana Power of Attorney Act, Indiana Code § 30-5-1-1 et seq.
ARTICLE 1 - APPOINTMENT OF AGENT
1.1 Primary Agent. Principal hereby appoints [[Agent Full Legal Name]], residing at [[Agent Address, City, State, ZIP]] ("Agent"), to act for Principal to the extent authorized in this Power of Attorney.
1.2 Successor Agent. If the primary Agent is unable or unwilling to serve, Principal appoints [[First Successor Agent Full Name]], residing at [[Successor Agent Address, City, State, ZIP]], as Successor Agent. If the First Successor Agent is also unable or unwilling to serve, Principal appoints [[Second Successor Agent Full Name]], residing at [[Second Successor Agent Address]], as Second Successor Agent.
1.3 Co-Agents. (Optional.) [[If applicable: Principal appoints [Name] and [Name] as Co-Agents, who must act jointly / majority / either may act independently - select and describe.]] If no co-agents are designated, state "NOT APPLICABLE."
ARTICLE 2 - DURABILITY AND EFFECTIVENESS
2.1 Durable Power. This Power of Attorney SHALL NOT be affected by the subsequent disability, incapacity, or incompetence of the Principal. This power is DURABLE and shall remain in effect unless revoked, terminated by its terms, or terminated by operation of law. (I.C. § 30-5-4-1 - an Indiana power of attorney is durable unless it expressly provides otherwise.)
2.2 Effectiveness - Select One:
- [X] Immediately effective. This Power of Attorney takes effect immediately upon signing and notarization.
- [ ] Springing Power. This Power of Attorney becomes effective only upon a written determination by [[one / two (select)]] licensed physician(s) that the Principal is incapacitated and unable to manage the Principal's financial or property affairs, as defined in I.C. § 30-5-2-2. The physician's determination shall be in writing, signed by the physician(s), and may be relied upon by the Agent and third parties. (I.C. § 30-5-4-2.)
2.3 Termination. This Power of Attorney terminates upon: (a) the Principal's death; (b) the Principal's revocation (see Article 9); (c) the occurrence of a termination event specified in this document; (d) the Agent's resignation, death, incapacity, or removal (if no Successor Agent is named or accepts); or (e) court order. (I.C. § 30-5-4-3.)
2.4 Divorce/Legal Separation. Unless otherwise stated, if the Principal and Agent are married and the marriage is dissolved or legally separated, the Agent's authority under this Power of Attorney terminates automatically upon entry of the divorce or separation decree. (I.C. § 30-5-4-3(5).)
ARTICLE 3 - GRANT OF POWERS
Subject to any restrictions in Article 4 and the hot-power requirements in Article 5, Principal grants Agent authority over the following matters. (Agent is authorized to exercise powers marked below; Principal should initial each applicable category.)
3.1 Real Property. Agent may acquire, sell, lease, encumber, grant options on, and manage real property and execute all instruments (deeds, mortgages, leases, deeds of trust) in connection therewith. (I.C. § 30-5-5-2.) - Principal initials: ______
3.2 Tangible Personal Property. Agent may acquire, sell, lease, exchange, and manage tangible personal property (including motor vehicles). (I.C. § 30-5-5-3.) - Principal initials: ______
3.3 Stocks and Bonds; Securities. Agent may buy, sell, and manage stocks, bonds, mutual funds, securities, and investment accounts. (I.C. § 30-5-5-4.) - Principal initials: ______
3.4 Commodity and Option Transactions. Agent may deal in commodity contracts, options, and futures. (I.C. § 30-5-5-5.) - Principal initials: ______
3.5 Banking and Financial Transactions. Agent may open, manage, and close checking, savings, money market, and other deposit accounts; make deposits and withdrawals; access safe deposit boxes; negotiate instruments; and make electronic funds transfers. (I.C. § 30-5-5-6.) - Principal initials: ______
3.6 Business Operations. Agent may operate, manage, continue, sell, dissolve, or liquidate any business in which Principal has an interest. (I.C. § 30-5-5-7.) - Principal initials: ______
3.7 Insurance and Annuities. Agent may apply for, obtain, modify, convert, terminate, and collect on policies of insurance and annuity contracts. (I.C. § 30-5-5-8.) - Principal initials: ______
3.8 Estate, Trust, and Other Beneficiary Transactions. Agent may manage estate and trust interests, subject to the hot-power restrictions in Article 5. (I.C. § 30-5-5-9.) - Principal initials: ______
3.9 Claims and Litigation. Agent may pursue, defend, submit to arbitration, settle, and release any claims in which Principal has an interest. (I.C. § 30-5-5-10.) - Principal initials: ______
3.10 Personal and Family Maintenance. Agent may provide for the care, comfort, and maintenance of Principal and Principal's dependents, including housing, food, clothing, medical, and personal care. (I.C. § 30-5-5-11.) - Principal initials: ______
3.11 Benefits from Governmental Programs. Agent may apply for, receive, and manage benefits from government programs (including Social Security, Medicare, Medicaid, VA benefits). (I.C. § 30-5-5-12.) - Principal initials: ______
3.12 Retirement Plan Transactions. Agent may manage retirement plan accounts, change investment options, and receive distributions. (I.C. § 30-5-5-13.) - Agent may NOT change beneficiary designations without express authority in Article 5. - Principal initials: ______
3.13 Tax Matters. Agent may prepare, sign, and file any tax return, amended return, or claim for refund; represent Principal before taxing authorities; and consent to any assessment. (I.C. § 30-5-5-14.) - Principal initials: ______
3.14 Digital Assets. Agent may access, manage, distribute, and terminate digital assets and accounts (email, social media, online banking, cryptocurrency) to the extent permitted by applicable law, including the terms of service of each platform. (I.C. § 32-39-13-1 et seq., Indiana Access to Electronic Assets of Decedents Act - to the extent applicable during Principal's lifetime.) - Principal initials: ______
3.15 Full and Unqualified Authority. Agent may delegate Agent's powers when appropriate, take all actions necessary to carry out any of the above powers, and maintain any accounts or arrangements necessary to carry out these powers. (I.C. § 30-5-5-15.) - Principal initials: ______
ARTICLE 4 - LIMITATIONS AND RESTRICTIONS
4.1 Specific Limitations. The following specific limitations apply to the Agent's authority under this Power of Attorney (describe any specific properties, amounts, or transactions excluded from the Agent's authority, or state "NONE"):
[[Describe restrictions, e.g., "Agent may not sell the real property at [address]" / "Agent's authority is limited to financial and banking transactions only" / "NONE - no limitations beyond this Agreement"]]
4.2 No Authority to Amend Estate Plan. Unless expressly authorized in Article 5, Agent has no authority to create, amend, revoke, or terminate any trust, or to alter beneficiary designations, survivorship rights, or powers of appointment that would affect the disposition of Principal's property at death or incapacity.
ARTICLE 5 - HOT POWERS (EXPRESS GRANT REQUIRED)
The following powers carry elevated risk of self-dealing, unintended consequences, or potential financial abuse. These powers are NOT granted unless Principal expressly initials the applicable line(s). (I.C. § 30-5-5-9.)
5.1 Create, Amend, or Revoke a Trust. - Principal initials: ______
5.2 Make Gifts of the Principal's Property. (Agent may make gifts to any person - including Agent - up to [[the annual federal gift-tax exclusion amount per donee / $[[Amount]] per donee per year / other specified limit]] without court approval. Any larger gift requires [[court approval / specific written direction from Principal]].) - Principal initials: ______
5.3 Change Beneficiary Designations (on life insurance, annuities, retirement accounts, IRAs, transfer-on-death accounts, or any other contract). - Principal initials: ______
5.4 Create or Change Rights of Survivorship. - Principal initials: ______
5.5 Disclaim any Interest in Property. - Principal initials: ______
5.6 Exercise a Power of Appointment. - Principal initials: ______
5.7 Authorize the Agent to Delegate Any of the Agent's Powers. - Principal initials: ______
5.8 Transfer Property to or for the Benefit of Agent. (This authorizes self-dealing transactions by the Agent.) - Principal initials: ______
> WARNING TO PRINCIPAL: The powers listed in this Article 5 are the most powerful authorities you can grant your Agent. Granting these powers may allow your Agent to significantly change what happens to your assets during your lifetime and after your death. Do not grant any of these powers unless you fully trust your Agent and have consulted with a licensed Indiana attorney.
ARTICLE 6 - AGENT'S DUTIES AND FIDUCIARY STANDARD
6.1 Fiduciary Duty. Agent shall act as a fiduciary in all matters related to this Power of Attorney, exercising the care, competence, and diligence of an agent in similar circumstances. (I.C. § 30-5-6-1.)
6.2 Specific Duties. Agent shall:
(a) Act in good faith within the scope of authority granted in this Power of Attorney;
(b) Act to preserve the Principal's estate plan to the extent known to Agent and not inconsistent with the Principal's best interest;
(c) Act in accordance with the Principal's reasonable expectations and objectives to the extent actually known to Agent, and otherwise in the Principal's best interest;
(d) Keep accurate records of all receipts, disbursements, and transactions and make them available to Principal on request;
(e) Keep the Principal's assets separate from Agent's own assets;
(f) Not engage in self-dealing or conflict of interest, except as expressly authorized in Article 5;
(g) Notify the Principal if Agent is unable to perform a duty or is unaware of how to proceed;
(h) Act loyally for the Principal's benefit; and
(i) Disclose Agent's status as attorney-in-fact when acting for Principal.
6.3 Compensation. Agent is entitled to [[reasonable compensation reimbursable from the Principal's assets / no compensation / $____ per hour / $____ per month]] for services actually rendered, with receipts or documentation required for reimbursement of expenses.
6.4 Co-Agent Disagreements. (If co-agents are appointed.) If Co-Agents disagree on a matter requiring joint action and cannot resolve the disagreement, either Co-Agent may file a petition in the circuit or superior court of [[County]] County for instructions. (I.C. § 30-5-6-5.)
ARTICLE 7 - THIRD-PARTY RELIANCE
7.1 Good-Faith Reliance. A third party who acts in good faith in reliance on representations of the Agent acting under this Power of Attorney shall not be liable to Principal or any other person solely for reason of such reliance. (I.C. § 30-5-9-1.)
7.2 Agent Certification. Agent may certify in writing or by affidavit that: (a) the Principal is living; (b) this Power of Attorney is in full force and effect; and (c) Agent is acting within the scope of authority granted. Third parties may rely on such certification.
7.3 Refusal by Third Party. A third party is not required to accept a Power of Attorney if the third party has actual knowledge that the power has been terminated, limited by court order, or is subject to a pending challenge. Unreasonable refusal may be addressed through a court proceeding. (I.C. § 30-5-9-3.)
ARTICLE 8 - NOMINATION OF GUARDIAN OR CONSERVATOR
If a court determines that the appointment of a guardian of the person or a conservator of the estate of the Principal is necessary or desirable, Principal hereby nominates [[Agent Full Legal Name / Successor Agent Name / Other: ___]] to serve as such guardian or conservator. Principal requests that the court give greatest weight to this nomination. (I.C. § 30-5-3-4.)
ARTICLE 9 - REVOCATION
9.1 Right to Revoke. Principal may revoke this Power of Attorney at any time while the Principal has capacity by: (a) executing a written revocation and delivering it to Agent; (b) destroying the original and all copies; (c) executing a subsequent Power of Attorney that expressly revokes this one; or (d) any other act evidencing clear intent to revoke.
9.2 Notice to Third Parties. Revocation is not effective against a third party who acts in good faith reliance on this Power of Attorney without actual notice of revocation.
9.3 Prior Powers Revoked. This Power of Attorney supersedes and revokes all prior Powers of Attorney for property and financial matters previously granted by Principal, except [[any Power of Attorney specifically identified here to remain in effect]].
ARTICLE 10 - GOVERNING LAW
This Power of Attorney shall be governed by the laws of the State of Indiana, including the Indiana Power of Attorney Act, I.C. § 30-5-1-1 et seq. Any court proceeding related to this Power of Attorney shall be brought in the circuit or superior court of [[County]] County, Indiana.
ARTICLE 11 - ACCEPTANCE BY AGENT
I, [[Agent Full Legal Name]], have read this Power of Attorney, understand it, and by signing below accept appointment as Agent. I agree to act in the best interest of the Principal, to exercise fiduciary care, and to comply with the Indiana Power of Attorney Act.
Agent Signature: ________________________ Date: ___________
Printed Name: [[Agent Full Legal Name]]
Acceptance by First Successor Agent (if applicable):
I, [[First Successor Agent Full Name]], accept appointment as First Successor Agent.
First Successor Agent Signature: ________________________ Date: ___________
ARTICLE 12 - EXECUTION AND NOTARIZATION
Notice to Principal
> NOTICE TO PRINCIPAL (READ BEFORE SIGNING):
>
> This is an important legal document. By signing this Power of Attorney, you are granting another person broad authority to act on your behalf. This includes authority over financial and property matters. The authority you grant may be exercised immediately (or upon the springing event, if applicable) and may continue even if you become incapacitated. You have the right to revoke this Power of Attorney at any time while you have capacity. This document does not authorize your Agent to make medical decisions on your behalf - for healthcare powers, a separate Health Care Representative Appointment or Advance Directive is required. Consult a licensed Indiana attorney before signing this document.
Principal's Signature
I, [[Principal Full Legal Name]], declare that I sign this Power of Attorney of my own free will and volition; that I am of sound mind and at least 18 years of age; and that I fully understand this document and its consequences.
Principal Signature: ________________________ Date: ___________
Printed Name: [[Principal Full Legal Name]]
Date: [[Date of Signing]]
Notary Acknowledgment
(Indiana Code § 30-5-4-1 does not expressly require notarization, but notarization is required for the power of attorney to be accepted for recording with respect to real property transactions and is strongly recommended for all purposes to prevent fraud. I.C. § 32-21-1 et seq.)
State of Indiana
County of [[County]]
On this [[Day]] day of [[Month, Year]], before me personally appeared [[Principal Full Legal Name]], known to me (or proved to me on satisfactory evidence) to be the person whose name is subscribed to this instrument and acknowledged that he/she/they executed the same for the purposes therein stated.
Notary Public Signature: _________________________
My Commission Expires: _________________________
(Notary Seal)
APPENDIX - AGENT CERTIFICATION
(To be completed by Agent when presenting this Power of Attorney to a third party.)
I, [[Agent Full Legal Name]], certify under penalty of perjury that:
- [[Principal Full Legal Name]] is the person who executed the attached Power of Attorney;
- [[Principal Full Legal Name]] was alive and had not revoked the Power of Attorney as of the date of this certification;
- To my knowledge, no other events have occurred that would terminate or suspend the Power of Attorney;
- I am authorized to act as Agent under the Power of Attorney; and
- My actions as Agent are within the scope of the authority granted in the Power of Attorney.
Agent Signature: ________________________ Date: ___________
Printed Name: [[Agent Full Legal Name]]
SOURCES AND DISCLAIMER
Governing Statutes: Indiana Power of Attorney Act, Indiana Code § 30-5-1-1 et seq.; § 30-5-2-2 (incapacity definition); § 30-5-4-1 (durability); § 30-5-4-2 (springing effectiveness); § 30-5-4-3 (termination events, including divorce); § 30-5-5-2 through § 30-5-5-15 (enumerated powers); § 30-5-6-1 (fiduciary duty); § 30-5-9-1 (third-party reliance); § 30-5-9-3 (refusal by third party); § 30-5-3-4 (guardian nomination); § 32-39-13-1 et seq. (Access to Electronic Assets of Decedents Act - applicable to digital assets); § 32-21-1 et seq. (recording of instruments for real property). As of: June 2026.
> TEMPLATE DISCLAIMER - NOT PROFESSIONAL ADVICE: This document is a template for informational purposes only and does not constitute legal advice. A Power of Attorney is one of the most powerful legal documents a person can sign. Indiana law and individual circumstances vary significantly. Consult a licensed Indiana attorney before signing or relying on any power of attorney, particularly when real property, large financial accounts, or hot powers are involved.
