Ind. Code ch. 30-5-11

in effect

Ind. Code § 30-5-11-1 Purpose of chapter; presumptions

Sec. 1. The purpose of this chapter is to provide rules for the valid execution, amendment, and revocation of powers of attorney that are prepared and signed electronically. This chapter shall be applied fairly and flexibly so that a principal whose identity can be verified, who has capacity, and who is acting free from undue duress and undue influence may execute a valid electronic power of attorney consistent with the principal's intent. If an electronic power of attorney is electronically signed by the principal and is maintained as an electronic record or as a complete converted copy in compliance with this chapter, the normal presumptions that apply to a traditional paper power of attorney apply to the electronic power of attorney. As added by P.L.40-2018, SEC.4.

Ind. Code § 30-5-11-2 Exclusive authority; application of other statutes

Sec. 2. (a) Except as provided in subsection (b), electronic powers of attorney are exclusively governed by this chapter. (b) If this chapter does not provide an explicit definition, form, rule, or statute concerning the creation, execution, interpretation, storage, or use of an electronic power of attorney, the applicable statute from this article applies to the electronic power of attorney. As added by P.L.40-2018, SEC.4.

Ind. Code § 30-5-11-3 Definitions

Sec. 3. The following terms are defined for this chapter: (1) "Affidavit of regularity" means an affidavit executed by a custodian or other person under section 9 of this chapter with respect to the electronic record for an electronic power of attorney or a complete converted copy of an electronic power of attorney. (2) "Complete converted copy" means a document in any format that: (A) can be visually viewed in its entirety on a monitor or other display device; (B) can be printed; and (C) contains the text of an electronic power of attorney and a readable copy of any associated document integrity evidence that may be a part of or attached to the electronic power of attorney. (3) "Custodian" means a person other than: (A) the principal who executed the electronic power of attorney; (B) an attorney; or (C) a person who is named in the electronic power of attorney as an attorney in fact or successor attorney in fact under the power of attorney. (4) "Custody" means the authorized possession and control of at least one (1) of the following: (A) A complete copy of the electronic record for the electronic power of attorney. (B) A complete converted copy of the electronic power of attorney if the complete electronic record has been lost or destroyed or the electronic power of attorney has been revoked. (5) "Directed paralegal" means a nonlawyer assistant who is employed, retained, or otherwise associated with a licensed attorney or law firm and whose work is directly supervised by a licensed attorney, as required by Rule 5.3 of the Rules of Professional Conduct. (6) "Document integrity evidence" means the part of the electronic record for the electronic power of attorney that: (A) is created and maintained electronically; (B) includes digital markers showing that the electronic power of attorney has not been altered after its initial execution by the principal; (C) is logically associated with the electronic power of attorney in a tamper evident manner so that any change made to the text of the electronic power of attorney after its execution is visibly perceptible when the electronic record is displayed or printed; (D) will generate an error message, invalidate an electronic signature, make the electronic record unreadable, or otherwise display evidence that some alteration was made to the electronic power of attorney after its execution; and (E) displays the following information: (i) The city and state in which, and the date and time at which, the electronic power of attorney was executed by the principal. (ii) The name of the principal. (iii) The name and address of the person responsible for marking the principal's signature on the electronic power of attorney at the principal's direction and in the principal's presence, as applicable. (iv) A copy of or a link to the electronic signature of the principal on the electronic power of attorney. (v) A general description of the type of identity verification evidence used to verify the principal's identity. (vi) The content of the cryptographic hash or unique code used to complete the electronic record and make the electronic power of attorney tamper evident if a public key infrastructure or a similar secure technology was used to sign or authenticate the electronic power of attorney and if the vendor or software for the technology makes inclusion feasible. Document integrity evidence may, but is not required to, contain other information about the electronic power of attorney such as a unique document number, client number, or other identifier that an attorney or custodian assigns to the electronic power of attorney or a link to a secure Internet web site where a complete copy of the electronic power of attorney is accessible. The title, heading, or label, if any, that is assigned to the document integrity evidence (such as "certificate of completion", "audit trail", or "audit log") is immaterial. (7) "Electronic" has the meaning set forth in IC 26-2-8-102. (8) "Electronic power of attorney" means a power of attorney created by a principal that: (A) is initially created and maintained as an electronic record; (B) contains the electronic signature of the principal creating the power of attorney; (C) contains the date and time of the electronic signature of the principal creating the power of attorney; and (D) is either: (i) notarized; or (ii) signed in the presence of witnesses under sections 4(a)(2), 4.3, 4.5, 4.7, and 4.9 of this chapter. The term includes an amendment to or a restatement of the power of attorney if the amendment or restatement complies with the requirements described in section 5 of this chapter. (9) "Electronic record" has the meaning set forth in IC 26-2-8-102. The term may include one (1) or both of the following: (A) The document integrity evidence associated with an electronic power of attorney. (B) The identity verification evidence of the principal who executed the electronic power of attorney. (10) "Electronic signature" has the meaning set forth in IC 26-2-8-102. (11) "Executed" means the signing of a power of attorney. The term includes the use of an electronic signature. (12) "Identity verification evidence" means either: (A) a copy of a government issued photo identification card belonging to the principal; or (B) any other information that verifies the identity of the principal if derived from one (1) or more of the following sources: (i) A knowledge based authentication method. (ii) A physical device. (iii) A digital certificate using a public key infrastructure. (iv) A verification or authorization code sent to or used by the principal. (v) Biometric identification. (vi) Any other commercially reasonable method for verifying the principal's identity using current or future technology. (13) "Logically associated" means electronically connected, cross referenced, or linked in a reliable manner. (14) "Observe" means to perceive another's actions or expressions of intent through the senses of eyesight or hearing, or both. The term includes perceptions involving the use of technology or learned skills to: (A) assist the person's capabilities of eyesight or hearing, or both; or (B) compensate for an impairment of the person's capabilities of eyesight or hearing, or both. (15) "Observing" has the meaning set forth in subdivision (14). (16) "Sign" means valid use of a properly executed electronic signature. (17) "Signature" means the authorized use of the principal's name to authenticate a power of attorney. The term includes an electronic signature. (18) "Tamper evident" means the feature of an electronic record, such as an electronic power of attorney or document integrity evidence for an electronic power of attorney, that will cause the fact of any alteration or tampering with the electronic record, after it is created or signed, to be perceptible to any person viewing the electronic record when it is printed on paper or viewed on a monitor or other display device. The term applies even if the nature or specific content of the alteration is not perceptible. (19) "Traditional paper power of attorney" means a power of attorney or an amendment to or a restatement of a power of attorney that is signed by the principal on paper. As added by P.L.40-2018, SEC.4. Amended by P.L.10-2019, SEC.120; P.L.231-2019, SEC.39; P.L.185-2021, SEC.24; P.L.162-2022, SEC.23.

Ind. Code § 30-5-11-4 Creation of electronic power of attorney

Sec. 4. (a) A principal, or person acting at the principal's direction, may create a valid power of attorney by electronically signing an electronic power of attorney: (1) in the presence of a notary; or (2) in the presence of witnesses under sections 4.3, 4.5, 4.7, and 4.9 of this chapter. (b) The: (1) principal; (2) attorney in fact under the electronic power of attorney; (3) attorney representing the principal or attorney in fact; or (4) other person authorized by the principal; may use the electronic record to make a complete converted copy of the electronic power of attorney on or near the time of its execution or at a later time when the full electronic record is available. (c) A complete converted copy derived from a complete and correct electronic power of attorney may be offered and admitted into evidence as though it were an original and traditional paper power of attorney without the need for additional proof or evidence of authenticity. Whenever this article permits or requires an attorney in fact to provide a copy of a power of attorney to an interested person, the attorney in fact may provide a complete converted copy of the electronic power of attorney. A complete and converted copy is conclusive evidence of the power of attorney's terms unless otherwise determined by a court in an order entered upon notice to all interested persons and after an opportunity for a hearing. As added by P.L.40-2018, SEC.4. Amended by P.L.185-2021, SEC.25.

Ind. Code § 30-5-11-4.1 Certain powers of attorney created in reliance on supreme court order

Sec. 4.1. (a) This section applies to a power of attorney that is electronically signed and notarized: (1) on or after March 31, 2020; and (2) before January 1, 2022. (b) If a power of attorney described in subsection (a) was electronically signed and notarized by a notary public using audiovisual communication technology to positively identify the principal or someone signing at the principal's direction, the resulting power of attorney must be treated as validly executed under this chapter if it complies with all other requirements of section 4 of this chapter as they existed on June 30, 2020. As added by P.L.185-2021, SEC.26.

Ind. Code § 30-5-11-4.3 Certain electronic powers of attorney created in reliance on supreme court order

Sec. 4.3. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020. (b) Any person who, at the time of attestation, is competent to be a witness in this state may act as an attesting witness to the execution of an electronic power of attorney, and the witness's subsequent incapacity will not impair the effectiveness of the power of attorney. (c) An electronic power of attorney is void if: (1) a subscribing witness to the execution of the power of attorney has an interest in the power of attorney; and (2) the power of attorney cannot be proved without the witness's testimony of proof or the witness's signature. (d) For purposes of this section, a person serving as a subscribing witness to the execution of an electronic power of attorney has an interest in an electronic power of attorney if: (1) the power of attorney names the person as the principal's attorney in fact or successor to the attorney in fact; (2) the power of attorney grants a power or beneficial interest to the person other than appointment of the person as the principal's attorney in fact or successor to the attorney in fact; or (3) the witness is related to a person described in subdivision (1) or (2). (e) For purposes of this section, a witness is related to a person described in subsection (d)(1) or (d)(2) if the person is: (1) the spouse of the witness; or (2) a descendant of the witness. As added by P.L.185-2021, SEC.27.

Ind. Code § 30-5-11-4.5 Electronic power of attorney; witnesses; self-proving clauses; presence requirement

Sec. 4.5. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020. (b) An electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter must be executed by the signatures of the principal and at least two (2) witnesses on: (1) an electronic power of attorney under subsection (c); (2) a self-proving clause under section 4.7(c) of this chapter; or (3) a self-proving clause under section 4.7(d) of this chapter. (c) An electronic power of attorney may be attested as follows: (1) The principal, in the presence of two (2) or more attesting witnesses, shall signify to the witnesses that the instrument is the principal's power of attorney and: (A) sign the power of attorney; (B) acknowledge the principal's signature already made; or (C) at the principal's direction and in the principal's presence, have someone else sign the principal's name. (2) The attesting witnesses must sign in the presence of the principal and each other. An attestation or self-proving clause is not required under this subsection for a valid power of attorney. (d) If the principal and the attesting witnesses are not in each other's physical presence when the electronic power of attorney is signed and witnessed and if the principal and the witnesses use audiovisual technology to satisfy the presence requirement in subsection (a), an attorney or a directed paralegal must supervise the signing and the witnessing of the electronic power of attorney. (e) Within a reasonable time after an attorney or a directed paralegal supervises the signing and witnessing of an electronic power of attorney in the manner described in subsection (d), the attorney or directed paralegal must sign an affidavit of compliance. An affidavit of compliance under this subsection must be sworn to or affirmed by the signing attorney or directed paralegal under the penalties of perjury and must contain: (1) the name and residential address of the principal; (2) the name and: (A) residential address; or (B) business address; for each attesting witness who signs the electronic power of attorney; (3) the address, city, and state in which the principal is physically located at the time the principal signs the electronic power of attorney; (4) the city and state in which each attesting witness is physically located when the witness signs the electronic power of attorney as a witness; (5) a description of the method and form of identification used to confirm the identity of the principal to the witnesses and supervising attorney or directed paralegal; (6) a description of the method used by the supervising attorney or paralegal, principal, and the witnesses for the purpose of interacting with each other in real time during the signing process; (7) a brief description of the method used to add or capture the electronic signature of the principal and the witnesses; (8) the name, business or residential address, and telephone number of the attorney or directed paralegal who supervised the execution of the electronic power of attorney; and (9) any other information that the supervising attorney or directed paralegal considers to be material to: (A) the principal's capacity to sign a valid power of attorney; and (B) the principal's and witnesses' compliance with subsection (a). After the attorney or directed paralegal signs an affidavit of compliance under this subsection, the attorney or directed paralegal must preserve an accurate copy of the signed affidavit with a scanned copy or photocopy of the completely signed power of attorney. An affidavit of compliance signed under this subsection is admissible as prima facie evidence that the principal and witnesses executed the power of attorney in counterparts that comply with the requirements of subsection (c). (f) An electronic power of attorney that is executed in substantial compliance with subsection (c) will not be rendered invalid by the existence of: (1) an attestation or self-proving clause or other language; or (2) additional signatures; not required by subsection (c). (g) An electronic power of attorney executed in accordance with subsection (c) is self-proved if the witness's signatures follow an attestation or self-proving clause or other declaration indicating, in substance, the facts set forth in section 4.7(d) or 4.7(e) of this chapter. (h) This section shall be construed to favor the effectuation of the principal's intent to make a valid power of attorney. As added by P.L.185-2021, SEC.28.

Ind. Code § 30-5-11-4.7 Electronic power of attorney; form of self-proving clause

Sec. 4.7. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020. (b) When an electronic power of attorney is executed, the power of attorney may be: (1) attested; and (2) made self-proving; by incorporating into or attaching to the power of attorney a self-proving clause that meets the requirements of subsection (d) or (e) at the time the electronic power of attorney is executed and no other signatures of the principal and witnesses are required for the power of attorney to be validly executed and self-proved. (c) If an electronic power of attorney is executed by the signatures of the principal and witnesses on an attestation clause under section 4.5(c) of this chapter, the power of attorney may be made self-proving at a later date by attaching to the power of attorney a self-proving clause signed by the principal and witnesses that meets the requirements of subsection (d) or (e). (d) A self-proving clause must contain the acknowledgment of the power of attorney by the principal and the statements of the witnesses, each made under the laws of Indiana and evidenced by the signatures of the principal and witnesses (which may be made under the penalties of perjury) attached or annexed to the power of attorney in a form and with content substantially similar to the following: "We the undersigned principal and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare: (1) that the principal executed the instrument as the principal's power of attorney; (2) that the principal and the witnesses interacted with each other in real time either in the same physical space or through the use of technology and the witnesses were able to observe the principal throughout the signing process; (3) that, in the presence of both witnesses, the principal electronically signed the power of attorney or acknowledged the principal's electronic signature already made or directed another individual to electronically sign for the principal in the principal's presence; (4) that the principal executed the power of attorney as a free and voluntary act for the purpose expressed in it; (5) that each of the witnesses, in the presence of the principal and each other, signed the electronic power of attorney as a witness; (6) that the principal was of sound mind when the power of attorney was executed; and (7) that, to the best knowledge of each of the witnesses, the principal was, at the time the power of attorney was executed, at least eighteen (18) years of age or was a member of the armed forces or the merchant marine of the United States or its allies. Date __________ Principal __________ Witness __________ Witness __________". (e) An electronic power of attorney is attested and self-proved if the electronic record for the power of attorney includes a clause signed by the principal and the witnesses that indicates, in substance, that: (1) the principal signified that the instrument is the principal's power of attorney; (2) in the presence of at least two (2) witnesses, the principal electronically signed the instrument or acknowledged the principal's electronic signature already made or directed another individual to sign for the principal in the principal's presence; (3) the principal executed the instrument freely and voluntarily for the purposes expressed in it; (4) each of the witnesses, in the principal's presence and in the presence of each other, electronically signed the instrument as a witness; (5) the principal was of sound mind when the power of attorney was executed; (6) the principal was, to the best knowledge of each witness, either: (A) at least eighteen (18) years of age; or (B) a member of the armed forces or the merchant marine of the United States or its allies. (f) This section shall be construed to favor the effectuating of the principal's intent to make a valid power of attorney. As added by P.L.185-2021, SEC.29.

Ind. Code § 30-5-11-4.9 Admissibility of recordings and images

Sec. 4.9. (a) Subject to the Indiana Rules of Evidence and the Indiana Rules of Trial Procedure: (1) a video or audio recording of a principal captured or made either before or after the execution of an electronic power of attorney; or (2) a video recording, one (1) or more photographic images, or an audio recording captured or made during part or all of the execution of an electronic power of attorney; may be admissible as evidence under this section. (b) Recordings for images described in subsection (a) may be admissible as evidence of the following: (1) The proper execution of an electronic power of attorney. (2) The intentions of the principal. (3) The mental state or capacity of a principal. (4) The authenticity of an electronic power of attorney. (5) Matters that are determined by a court to be relevant to the probate of an electronic power of attorney. As added by P.L.185-2021, SEC.30.

Ind. Code § 30-5-11-5 Amendment of electronic power of attorney; revocation of electronic power of attorney

Sec. 5. (a) If the principal created or last amended a power of attorney by electronically signing an electronic power of attorney, the principal may amend or revoke the power of attorney as follows: (1) By complying with a method provided in the terms of the power of attorney and making either an electronic signature or an ordinary signature on paper to confirm the amendment or the revocation. (2) By performing one (1) or more of the following if the terms of the power of attorney do not specify a method for amendment or revocation or do not specify an exclusive method for amending or revoking the electronic power of attorney: (A) Using the principal's electronic signature on an electronic record to manifest clear and convincing intent on behalf of the principal to amend or revoke the power of attorney and to specify the desired amendments or revocation. (B) Using the principal's written signature on a paper record to manifest clear and convincing intent on behalf of the principal to amend or revoke the power of attorney and to specify the desired amendments or revocation. (C) By: (i) permanently deleting each copy of the electronic record for the electronic power of attorney that is in the principal's possession or control; or (ii) rendering each copy of the electronic record unreadable and nonretrievable; if the principal is not using a custodian to store the electronic record. (D) By transmitting or giving to the custodian of the electronic power of attorney a written or electronic record of the desired amendment or revocation that: (i) is signed by the principal; and (ii) directs the custodian to permanently delete the electronic record for the electronic power of attorney or to render that electronic record unreadable and nonretrievable; if the principal is using a custodian to store the electronic record. If the principal knows that the electronic record for the electronic power of attorney or a complete converted copy of the electronic power of attorney is in the possession of a custodian, the principal has a duty to use reasonable efforts to provide the custodian with written electronic evidence of the amendment or revocation of the electronic power of attorney. (b) If the principal has possession of the electronic record for an electronic power of attorney that the principal intends to amend or revoke, the principal shall make and save a complete converted copy of the electronic power of attorney before making and saving an amendment or revocation of the electronic power of attorney under subsection (a). If a custodian has possession of an electronic record for an electronic power of attorney that the principal intends to amend or revoke, the custodian shall make and save a complete converted copy of the electronic power of attorney as it existed originally before rendering the electronic record or electronic power of attorney unreadable or nonretrievable for potential use in evidence in the event that the validity of an amendment or revocation is later challenged. As added by P.L.40-2018, SEC.4. Amended by P.L.10-2019, SEC.121.

Ind. Code § 30-5-11-6 Maintenance, receipt, and transfer of electronic power of attorney

Sec. 6. (a) Any person, with the written authorization of the principal, may maintain, receive, or transfer custody of: (1) the electronic record for an electronic power of attorney (and any accompanying document integrity evidence); or (2) a complete converted copy of the electronic power of attorney. A principal may identify and designate an adult individual as the custodian of the electronic power of attorney within the electronic record associated with the electronic power of attorney. (b) A custodian of an electronic power of attorney and any associated document integrity evidence has the following responsibilities: (1) To use best practices to maintain custody of the electronic record for the electronic power of attorney and any associated document integrity evidence. (2) To use best practices and commercially reasonable means to maintain the privacy and security of the electronic record for the electronic power of attorney. (3) To guard against unauthorized disclosure or tampering with the electronic record. (4) To maintain electronic and conceptual separation of different electronic records and different electronic powers of attorney associated with different principals if the custodian maintains two (2) or more electronic powers of attorney for different principals. (5) To maintain the ability to promptly generate a complete converted copy of each electronic power of attorney and any associated document integrity evidence upon receipt of a written request for a complete converted copy by the living principal, the court, or any other authorized person. (6) To promptly respond to a written instruction from the living principal or another person with written authorization originating from the living principal to transfer custody of the electronic power of attorney to a successor custodian. (7) To transfer the entire electronic record of the electronic power of attorney to a successor custodian upon the receipt of a written instruction requesting the transfer of the entire electronic record of an electronic power of attorney to a successor custodian. (8) To provide an executed delivery receipt to the outgoing custodian who transfers: (A) the electronic record; (B) the electronic power of attorney; (C) any accompanying document integrity evidence; or (D) the information pertaining to the format in which the electronic record or electronic power of attorney is received; if the receiving custodian agrees to assume responsibility for an electronic record or an electronic power of attorney and all associated documents from an outgoing custodian. (9) To relinquish control and possession of: (A) the electronic record; (B) the electronic power of attorney; or (C) a complete converted copy of the electronic power of attorney if the custodian only possesses a complete converted copy; to a person authorized by the principal to receive the items described in clauses (A) through (C). (10) To comply with an order of the court requiring the electronic filing or delivery to the court of: (A) the electronic power of attorney and any associated document integrity evidence; or (B) a complete converted copy. (11) To provide an accurate copy of the electronic record for the principal's electronic power of attorney or a complete converted copy of the electronic power of attorney to an interested person who is entitled to receive a copy under the terms of the power of attorney. (12) To furnish, for any court hearing or matter involving an electronic power of attorney currently or previously stored by the custodian, any information requested by the court pertaining to the custodian's policies, practices, or qualifications as they relate to the maintenance, production, or storage of electronic powers of attorney. (c) A proposed successor custodian has no obligation to accept delivery of an electronic power of attorney from an outgoing custodian or to accept the responsibility to maintain custody of the electronic record for an electronic power of attorney. A successor custodian's execution of a delivery receipt constitutes acceptance of: (1) the appointment as successor custodian; and (2) the responsibility to maintain and preserve the accepted electronic power of attorney. (d) If a custodian wishes to discontinue custody of an electronic power of attorney, the custodian must send written notice to the principal or, if the principal's whereabouts are unknown, to the current attorney in fact or other person holding written authority from the principal. (e) A written notice described in subsection (d) must inform the principal, attorney in fact, or other person holding written authority from the principal that the custodian will transfer custody of the electronic record to a successor custodian chosen by the current custodian unless a written instruction is issued to the current custodian not later than thirty (30) days after the written notice described in subsection (d) was first issued. (f) If the principal, current attorney in fact, or person holding written authority from the principal does not respond to a written notice described in subsection (d) by the end of the thirty (30) day period described in subsection (e), the custodian may dispose of the electronic record associated with an electronic power of attorney in one (1) of the following ways: (1) The current custodian may transfer custody of the electronic record for the electronic power of attorney to a successor custodian previously designated in writing by the principal. (2) The current custodian may transfer custody of the electronic power of attorney to a successor custodian selected by the current custodian. (3) The current custodian may transmit a complete converted copy of the electronic power of attorney trust instrument and an accompanying affidavit of regularity to the person who received the thirty (30) day notice described in subsection (e). As added by P.L.40-2018, SEC.4.

Ind. Code § 30-5-11-7 Delivery of electronic power of attorney following death of principal

Sec. 7. (a) After a principal's death becomes known to a custodian or other person in possession or control of: (1) the electronic record associated with the principal's electronic power of attorney; or (2) a complete converted copy of the principal's electronic power of attorney; the custodian or other person in possession of an item described in subdivision (1) or (2) shall deliver the item to the attorney in fact. (b) A custodian or other person in possession of an item described in subsection (a)(1) or (a)(2) may use any commercially reasonable method of delivery to comply with this section. As added by P.L.40-2018, SEC.4. Amended by P.L.10-2019, SEC.122.

Ind. Code § 30-5-11-8 "Destroy"; destruction of electronic power of attorney

Sec. 8. (a) As used in this section, "destroy" means any action that: (1) permanently deletes the electronic record associated with an electronic power of attorney; or (2) renders the electronic record associated with an electronic power of attorney unreadable and nonretrievable. (b) Any custodian or attorney holding an electronic power of attorney may destroy the electronic record associated with an electronic power of attorney and any accompanying document integrity evidence at any time after the fifth anniversary of the principal's death. (c) Notwithstanding subsection (b), this section does not require a custodian, attorney, or other person in possession of a complete converted copy of an electronic power of attorney to destroy the complete converted copy of the electronic power of attorney. As added by P.L.40-2018, SEC.4.

Ind. Code § 30-5-11-9 Affidavit of regularity

Sec. 9. Whenever this chapter requires or permits a custodian or other person to make an affidavit of regularity with respect to an electronic power of attorney or a complete converted copy, the custodian or other person responsible for the creation of the affidavit of regularity may use the following format for the affidavit: "Affidavit of Regularity of Electronic Power of Attorney (1) Beginning on (insert date of first possession of the electronic power of attorney by the signer of this affidavit) and continuing to the date and time of this affidavit, the undersigned person has had possession of (circle all of the following that apply): (A) The electronic record for the electronic power of attorney. (B) A complete converted copy of the electronic power of attorney of (insert name of principal), which was electronically executed on (insert date of electronic signing or insert reference to time stamp). (2) (Insert client number, customer number, document number, or other unique identifier as applicable) is the unique identifier that the undersigned person assigned to this electronic power of attorney in the undersigned person's records. (3) The undersigned person believes that the principal (circle one (1) of the following options): (A) Is alive. (B) Died on or about (insert date of death) and the undersigned person believes that the power of attorney is currently (circle one (1) of the following options): (i) In effect. (ii) Not in effect. (4) The undersigned person is (circle all of the following that apply): (A) Transferring custody of the electronic record for the electronic power of attorney to the living principal of the electronic power of attorney. (B) Transferring custody of the electronic record for the electronic power of attorney to (insert name and address of successor custodian). (C) Transferring a complete converted copy of the electronic power of attorney to (insert name and address of authorized recipient). (5) The undersigned person is transferring or submitting the electronic record in the following format: (specify format). (6) If the undersigned person is transferring or submitting the electronic record for the electronic power of attorney, the undersigned person affirms, under penalty of perjury, that the electronic record has been in the undersigned person's possession or control for the period stated in paragraph (1) and that during this period, the electronic record showed no indication of unauthorized alteration or tampering. (7) The undersigned person affirms, under penalty of perjury, that (circle one (1) of the following options): (A) The undersigned person has no knowledge of the principal's later execution of any document that amends, revokes, or supersedes the electronic power of attorney described in paragraph (1). (B) The undersigned believes that the principal purportedly amended or revoked the electronic power of attorney described in paragraph (1) on (insert date if known or approximate time frame if date is not known), by (insert known details concerning the principal's amendment or revocation). (8) The undersigned person is (circle all of the following that apply): (A) The living principal who executed the electronic power of attorney. (B) An attorney admitted to practice law in the state of Indiana. (C) A currently serving attorney in fact appointed under or named in the explicit terms of the electronic power of attorney. (D) A successor attorney in fact nominated by the electronic power of attorney. (E) A custodian currently in compliance with all applicable requirements. (9) (Insert date and time of the custodian's or other person's signature). (10) (Insert name and signature of custodian or other person signing. Insert job title or position of signatory if signatory is not an individual (natural person)).". As added by P.L.40-2018, SEC.4. Amended by P.L.10-2019, SEC.123.

Ind. Code § 30-5-11-10 Prima facie evidence of validity

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 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 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 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. As added by P.L.40-2018, SEC.4. Amended by P.L.10-2019, SEC.124.

Ind. Code § 30-5-11-11 "Digital asset"; "electronic communication"; "custodian"; "user"; "transaction in or affecting interstate or foreign commerce"; exclusive authority

Sec. 11. (a) For purposes of IC 29-3, IC 30-5, and IC 32-39: (1) the electronic record for an electronic power of attorney is a "digital asset" as defined in IC 32-39-1-10; (2) the electronic record for an electronic power of attorney is not an "electronic communication" as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12; (3) the digital or electronic transfer of an electronic record for an electronic power of attorney between any two (2) persons other than the principal and principal's attorney or the principal and an attorney in fact is an "electronic communication" as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12; (4) a custodian of an electronic power of attorney is also a "custodian" as defined in IC 32-39-1-8; and (5) the: (A) principal of an electronic power of attorney; (B) attorney in fact; (C) attorney representing a principal or attorney in fact; or (D) other person with authorized possession of or authorized access to the electronic record for an electronic power of attorney; is a "user" for purposes of IC 32-39 if the person contracts with another person to store the electronic record for the electronic power of attorney. (b) The execution or revocation of an electronic power of attorney may be a contract of a "transaction in or affecting interstate or foreign commerce" for purposes of the federal E-Sign Act (15 U.S.C. 7001). (c) The execution or revocation of an electronic power of attorney is subject to IC 26-2-8 unless there is a conflict between IC 26-2-8 and any provision contained in this article. In the event of a conflict between IC 26-2-8 and a provision of this article, the provision of this article shall control. As added by P.L.40-2018, SEC.4.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/30Fetched: 10/17/2026