Power of attorney, health care directive and guardianship in Indiana

Financial power of attorney in Indiana

Law and official form

Law

Powers of Attorney

Uniform Power of Attorney Act

No

Law: IC 30-5 (P.L.149-1991)

Signing rules

How to sign

A power of attorney must be in writing, name an attorney in fact, give the attorney in fact power to act for you, and be signed by you (or at your direction) either in front of a notary public or in front of two attesting witnesses who sign in your presence and each other's. A witness-signed power of attorney that will be used to sign documents to be recorded (such as a deed) needs a witness's proof attached to be recorded.

Who signs

Signed by you, or at your direction by another person (a notary must then state that the person signed at your direction).

Notary

A notary or witnesses (your choice)

Witnesses

2 (instead of a notary)

Who cannot witness

Anyone competent to be a witness in Indiana may witness. A witness-signed power of attorney is void if a subscribing witness has an interest in it (the witness is named as attorney in fact or successor, gets a power or benefit under it, or is the spouse or descendant of such a person) and the document cannot be proved without that witness.

Electronic signing

Indiana allows electronic powers of attorney signed with electronic signatures under IC 30-5-11, with its own witnessing and self-proving rules.

Law: IC 30-5-11-4 to 30-5-11-4.9

Law: IC 30-5-4-1, 30-5-4-1.3, 30-5-4-1.5, 30-5-3-3(e)

Durable and springing

Is it durable?

Unless the power of attorney says otherwise, it is not ended by your incapacity.

Law: IC 30-5-10-3(a)

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

A power of attorney is effective on the date it is signed unless it names a later date or an event. If it starts on your incapacity and you named no one to decide, it becomes effective when a physician, licensed psychologist or judge states in writing that you are incapacitated.

Law: IC 30-5-4-2

What an agent can and cannot do

Needs express permission

• Each power must be granted by referring to its description in IC 30-5-5-2 to 30-5-5-19 or by citing the section (real property, banking, gifts, estate transactions, delegation, and so on)
• Gifts: even with gift authority, the attorney in fact (or people they must support) cannot receive gifts in one year above the federal annual gift tax exclusion
• Delegation of the attorney in fact's powers
• Withholding or withdrawing health care requires the specific language in IC 30-5-5-17 (for health care powers granted before 2023)

No power of attorney can

A power of attorney signed after December 31, 2022 cannot grant health care powers; if it does, those health care powers are void but the other powers stay effective. Health care decisions now go in an advance directive under IC 16-36-7.

Law: IC 30-5-5-16(e)

Law: IC 30-5-5-1, 30-5-5-9(a)(2), 30-5-5-17, 30-5-5-18

Agent duties, pay and court review

Agent duties

• Use due care to act for your benefit under the terms of the power of attorney
• Exercise all powers as a fiduciary
• Keep complete records of all transactions for 6 years (or until handed to a successor)
• Give a written accounting within 60 days if a court orders it or you, your guardian, your child, a joint account owner, or after your death your personal representative, heir or legatee asks

Agent pay

Unless the document says otherwise, the attorney in fact is entitled to reimbursement of reasonable expenses and a reasonable fee, and must tell you in writing within 12 months the amount claimed.

Law: IC 30-5-4-5

Asking a court to review an agent

If you lack capacity to control or revoke the power of attorney, an interested person can ask the court to construe it and instruct the attorney in fact. The attorney in fact can ask the probate court in your county of residence to review and settle their account.

Law: IC 30-5-3-5; IC 30-5-6-4.1

Law: IC 30-5-6-2, 30-5-6-3, 30-5-6-4

When it ends and how to revoke it

It ends when

• You die (with limited exceptions for tax and certain health care-related powers; good faith actors without knowledge are protected)
• You revoke it
• A termination date and time stated in it arrives
• You become incapacitated, only if the document says it ends then
• For one attorney in fact: they die, resign, are adjudged incapacitated, cannot be located, or (if your spouse) are no longer your spouse

Divorce ends a spouse's authority

Yes · Divorce rules in Indiana (Divorce Law Map)

How to revoke

Unless the power of attorney says otherwise, it can be revoked only by a written revocation that identifies the power of attorney and is signed by you.

Telling others

The revocation is not effective as to the attorney in fact or another person until they have actual knowledge of it, so deliver it to the attorney in fact and to banks and others who have the power of attorney.

If it was recorded

If the power of attorney was recorded with the county recorder, the revocation must be recorded and must cite the book and page or instrument number of the recorded power of attorney.

Law: IC 30-5-10-1 to 30-5-10-4; IC 30-5-4-4(a)

Banks, other states and real estate

Banks and other businesses

A person who refuses to accept the attorney in fact's authority within 3 business days after receiving the power of attorney can be liable as if they had refused you, including three times actual damages, attorney's fees and prejudgment interest. Exceptions include actual notice of revocation or death, expiration, or a reasonable belief that the power is invalid or does not cover the transaction, explained in a written statement within 10 business days of the refusal.

Law: IC 30-5-9-9

Signed in another state

A power of attorney is valid in Indiana if it was valid when signed under Indiana law, common law, the law of another state or foreign country, or the federal military power of attorney rules. Its meaning is governed by the law it names, or where it was signed.

Law: IC 30-5-3-2; IC 30-5-3-6

Real estate

The attorney in fact does not have to record the power of attorney to act, but must record it before presenting for recording any document they signed (such as a deed); the county recorder cannot accept such a document if the power of attorney is unrecorded, and the document must cite the recorded power of attorney. To be recorded, the power of attorney must meet recording requirements (notary and preparation statements), or, if witness-signed, have a witness's proof attached.

Law: IC 30-5-3-3

Health care directive in Indiana

The document and its form

Document

Advance directive

Living will

Living will declaration

Part of the directive.

A person 18 or older of sound mind can sign a living will declaration saying they do not want dying artificially prolonged. It must be voluntary, written, dated and signed in front of two competent adult witnesses or a notary public. A witness cannot be the person who signed for you, your parent, spouse or child, someone entitled to part of your estate, or someone directly financially responsible for your medical care.

Law: IC 16-36-4-8, 16-36-4-10

Signing rules

How to sign

Sign the advance directive in front of two adult witnesses (at least one not your spouse or relative) or in front of a notarial officer who completes a notarial certificate. You do not have to use any particular form. Give a complete copy to each named health care representative whose authority is immediately effective, and to your health care provider.

Who signs

Signed by you, or by another adult at your specific direction in your presence (that person cannot be a witness, the notarial officer, or a health care representative named in it).

Notary

A notary or witnesses (your choice)

Witnesses

2 (instead of a notary)

Who cannot witness

Two adult witnesses must sign in your presence; at least one of them cannot be your spouse or other relative. The person who signs for you cannot be a witness.

Electronic signing

Electronic signatures are allowed, and a remote online or electronic notarization under IC 33-42-17 satisfies the notary option. Witnesses can be 'present' by audiovisual technology as defined in the chapter; if that is impossible or impractical, witnesses (not a notary) may use telephonic interaction, and the directive must say so.

Law: IC 16-36-7-19, 16-36-7-28(c), (e)-(h)

Law: IC 16-36-7-28, 16-36-7-30, 16-36-7-31

Who can be your agent and what the agent can do

Who cannot be your agent

You can name one or more competent adults or other persons as health care representatives. The chapter does not list other people barred from serving as a named representative.

Law: IC 16-36-7-28(a)(1)

When the agent starts

Unless the directive sets a later date or event, it is effective immediately when properly signed, but while you have capacity your own decisions override the representative's. If it says it starts on incapacity and gives no procedure, the treating physician evaluates your capacity and records the finding in your medical record.

Law: IC 16-36-7-34(1), (7), 16-36-7-35

Decisions an agent cannot make

The directive can limit the representative, for example prohibiting consent to mental health treatment or naming a different person for it, and can require an advocate to monitor the representative. A health care provider may refuse a representative's decision it finds medically inappropriate or clearly contrary to your best interests.

Law: IC 16-36-7-29; IC 16-36-7-35(c)

Revoking and conflicting documents

Revoking your agent

You can revoke an advance directive, or the naming of a health care representative, by signing a new advance directive or a written revocation with the same signing formalities, or by saying so in the direct physical presence of a health care provider.

Law: IC 16-36-7-32(a)

Revoking your instructions

Unless you have been determined incapacitated, you can always orally revoke a health care decision or treatment preference in the directive. A living will declaration can be revoked by a signed, dated writing, by destroying it, or by an oral statement; it takes effect when communicated to the attending physician (IC 16-36-7-32(a); 16-36-4-12).

Telling others

Until a health care representative or provider has actual knowledge of a valid revocation, the representative's decisions remain binding and providers may rely on them.

Law: IC 16-36-7-32(b)

Conflicting documents

If you sign more than one advance directive, the last one revokes the earlier ones unless it says they stay in effect. If you are incapacitated and have conflicting documents (an IC 16-36-7 directive, an older health care representative appointment or power of attorney with health care powers signed before January 1, 2023, or another state's directive), the document you signed last controls.

Law: IC 16-36-7-34(4); IC 16-36-7-44

Law: IC 16-36-7-32; IC 16-36-4-12

If you have no directive

Who decides without a directive

A proxy decides only if you cannot consent and have no advance directive in effect, or your representative is not willing, able or reasonably available. The proxy must decide as you would have, or in your best interests if your wishes are not known, and follow your living will and POST form if any. People at the same level should try to agree; if they disagree, the majority of those available controls. A spouse who is legally separated or has a pending divorce, separation or annulment case, a person under a protective order to avoid you, a person charged with a crime against you, and anyone your directive disqualifies cannot act as proxy.

• Your court-appointed guardian or a previously appointed health care representative
• Your spouse
• An adult child
• A parent
• An adult brother or sister
• A grandparent
• An adult grandchild
• The nearest other adult relative
• An adult friend who has kept regular contact and knows your activities, health and religious or moral beliefs
• Your religious superior, if you are a member of a religious order

Law: IC 16-36-7-42, 16-36-7-43

Other states, registry and medical orders

Signed in another state

A directive signed while you lived or were located outside Indiana is valid if it meets Indiana's signing rules or the law where you lived or were when you signed.

Law: IC 16-36-7-28(j)

POLST (medical orders)

Physician Orders for Scope of Treatment (POST)

Mental health directive

You can make a psychiatric advance directive stating treatment preferences (such as inpatient admission, medication, restraint, seclusion or electroconvulsive therapy) for periods of incapacity. It must include your signature and date, your treating physician or mental health personnel, your health care representative, and the signature of your treating psychiatrist attesting to your capacity and the appropriateness of your preferences.

Law: IC 16-36-1.7-2, 16-36-1.7-3

Law: IC 16-36-6

Guardianship and conservatorship in Indiana

What guardianship or conservatorship is

What it is called

Guardian of an incapacitated person (full or limited); protective order

When a court may appoint one

The court appoints a guardian if it finds the person is incapacitated and a guardian is necessary to provide care and supervision of the person or property. If a limited guardianship would best serve the person, the court must tailor orders to encourage self-reliance and independence. The petition must describe the less restrictive alternatives considered or tried and why they are not enough.

Law: IC 29-3-5-1(a)(11), 29-3-5-3

Kinds

• Full guardianship
• Limited guardianship
• Temporary guardianship (emergency, up to 90 days)
• Protective order

Law: IC 29-3-1-7.5, 29-3-3-4, 29-3-5-1, 29-3-5-3, 29-3-5-5; IC 33-37-4-7

Who can ask, which court and your own choice

Who may ask

Any person.

Law: IC 29-3-5-1(a)

Court

The court with probate jurisdiction in the county

Choosing your own

You can nominate a guardian in a power of attorney; the court must follow your most recent nomination except for good cause or disqualification. A person designated in a durable power of attorney has first priority for appointment.

Law: IC 30-5-3-4(a); IC 29-3-5-5(a)(1)

Effect on a power of attorney

A guardian has no power, duty or liability over property or personal health care decisions that are subject to a valid power of attorney, and cannot revoke or amend it unless a court specifically orders it after a hearing with notice to the attorney in fact.

Law: IC 30-5-3-4(d)

Cost, fee waiver and forms

Filing fee

Probate costs fee of $120 for each action filed under IC 29 (probate), plus additional statutory fees the clerk collects.

Law: IC 33-37-4-7

Steps

Steps

Other options and where to report abuse

Supported decision-making

Supported decision making agreements

Effective 2019 (P.L.68-2019)

An adult can sign an agreement naming one or more supporters (18 or older) who help them make, communicate and carry out their own decisions. Signing one is not evidence of incapacity, and the adult can still act independently. If the adult has a guardian, the agreement cannot supplant the guardian's authority unless the guardian consents in writing.

In writing, dated, and signed by the adult in the presence of a notary (electronic signing as allowed for powers of attorney is permitted). Each supporter signs a separate consent stating the relationship, willingness to serve, and acknowledgment of duties. Revocation must be in writing with a copy to each supporter.

Source: Official text

Less restrictive options

• Supported decision making: Indiana Legal Help lists supported decision making as an alternative to guardianship.
• Limited guardianship: A guardianship limited to specific areas, designed to encourage self-reliance and independence.
• Power of attorney and advance directive: Documents you sign while you have capacity; a guardian cannot override matters covered by a valid power of attorney.

Report abuse or exploitation

Indiana Family and Social Services Administration, Adult Protective Services · 800-992-6978

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: IC 29-3-14-4, 29-3-14-7, 29-3-14-8

Good to know in Indiana

• Since January 1, 2023, health care powers can no longer be given in an Indiana power of attorney; they belong in an advance directive under IC 16-36-7.

  Law: IC 30-5-5-16(e)

• An Indiana power of attorney can be signed before a notary or two witnesses, and electronic powers of attorney are allowed.

  Law: IC 30-5-4-1, 30-5-11

• A business that refuses a valid power of attorney without a listed reason can owe three times actual damages plus attorney's fees.

  Law: IC 30-5-9-9

• Indiana's default proxy list runs from spouse to adult child, parent, sibling, grandparent, grandchild, other relative, friend and religious superior.

  Law: IC 16-36-7-42

Changes in 2024–2026

P.L.99-2024 amended the recording rule for powers of attorney, allowing a witness-signed power of attorney to be recorded with an attached witness proof. P.L.50-2025 amended IC 30-5-10-4 (death of the principal), and P.L.106-2025 amended the probate costs fee section. In 2026, P.L.105-2026 amended IC 30-5-5-12 (the family maintenance power now also covers the principal's own personal maintenance) and IC 30-5-5-16; other 2026 acts made only technical cross-reference changes in IC 16-36 and IC 29-3.

Law: IC 30-5-3-3; IC 33-37-4-7

Questions about powers of attorney in Indiana