Power of attorney in Indiana: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Indiana, from Indiana law.

Checked against official sources: October 31, 2026.

Short answer

Powers of Attorney

How to sign: Notarized or signed by two adult witnesses
Durable unless it says otherwise?: Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act: No

Words used in Indiana

In Indiana you name an attorney in fact for money and property in a power of attorney. Since 2023, health care decisions are covered by an advance directive under IC 16-36-7, which names a health care representative and can state your wishes; a separate living will declaration is still available. If an adult cannot decide and has no documents, family members can act as a proxy for health care, and a court can appoint a guardian if less restrictive options are not enough.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Power of attorney; it continues after incapacity unless it says otherwise
The person you choose: Attorney in fact
Health care: Advance directive naming a health care representative
Treatment wishes: Living will declaration
Court-appointed decision-maker: Guardian of an incapacitated person (full or limited guardianship); protective order

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

How to revoke a power of attorney in Indiana

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

Free help in Indiana

Report abuse or exploitation

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

Questions about powers of attorney in Indiana

What is a power of attorney called in Indiana?

Power of attorney; it continues after incapacity unless it says otherwise. In Indiana you name an attorney in fact for money and property in a power of attorney. Since 2023, health care decisions are covered by an advance directive under IC 16-36-7, which names a health care representative and can state your wishes; a separate living will declaration is still available. If an adult cannot decide and has no documents, family members can act as a proxy for health care, and a court can appoint a guardian if less restrictive options are not enough.

Does a power of attorney have to be notarized in Indiana?