The first requirement for a valid power of attorney in Indiana is that it must be in writing. You cannot grant this level of authority without a written document. You may wish to consult with an attorney to aid in drafting the power of attorney, although this is not required.
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Indiana Department of Revenue (DOR) requires a Power of Attorney form (POA-1) for customers to authorize another person to have access to their information. Taxpayers who authorize a representative to have Power of Attorney on their behalf for state tax matters must have a properly completed POA-1 form, which must be submitted to DOR in one of the following ways:
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The Indiana durable power of attorney form is a document by which an individual (principal) can authorize an agent (attorney-in-fact) to act on their behalf during their lifetime and in the event that they become incapacitated or die. This authorization is used primarily for making financial decisions in the principal’s interest.
In Indiana, your POA is durable (effective even after incapacitation) by default. 2. Sign the POA in the Presence of a Notary Public As mentioned above, you can't simply sign the document and call it a day. In Indiana, you must also have your POA notarized or witnessed (preferably notarized). 3. Store the Original POA in a Safe Place
Unless you specify how long the power of attorney will last, the document can stop being valid in the following situations: 1 The principal decides to revoke the POA 2 The principal passes away 3 The agent is no longer capable of doing their duty 4 The principal gets a divorce (if the agent named in the POA is their spouse) 5 The court determines that the POA is fraudulent
Durable POA. A durable POA is in effect the moment the document is signed, and it remains that way even if the principal becomes disabled. Springing POA. A springing POA allows the attorney-in-fact to act on the principal’s behalf only when the principal becomes incapacitated. General POA.
Limited POA. With this POA, the agent can only act in the principal’s stead for a limited amount of time. Limited POAs also give agents clearly defined (limited) authorization. If you want to make a power of attorney document the fast and easy way, you should use DoNotPay!
Picking the right agent is one of the most important parts of creating a power of attorney document because this person will be in charge of crucial decisions. The individual that the principal chooses should be both responsible and reliable. Solve My Problem. Get Started.
The principal is in charge of assigning duties to their agent, and these responsibilities include: Managing real estate. Conducting banking transactions. Handling tax and retirement matters. Operating the principal’s business. Making retirement plan transactions. Taking care of stock and bond transactions.
A general POA is normally used when the principal isn’t capable of handling their tasks due to physical absence. This type of POA does not permit the agent to make decisions in the principal’s stead if they become incapacitated. Financial POA.
Unless you specify how long the power of attorney will last, the document can stop being valid in the following situations: The principal decides to revoke the POA. The principal passes away. The agent is no longer capable of doing their duty. The principal gets a divorce (if the agent named in the POA is their spouse)
The Indiana durable power of attorney form is a document by which an individual (principal) can authorize an agent (attorney-in-fact) to act on their behalf during their lifetime and in the event that they become incapacitated or die. This authorization is used primarily for making financial decisions in the principal’s interest.
The Indiana minor (child) power of attorney form enables a parent to select a representative and grant them the authority to perform actions and make decisions concerning a minor child. The power of attorney allows the representative to act in a parental capacity in order to ensure the adequate care and custody of the minor. In Indiana, the parental powers may remain effective no longer than twelve…
You can make several different types of POAs in Indiana. In particular, many estate plans include two POAs:
For your POA to be valid in Indiana, it must meet certain requirements.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
Any power of attorney automatically ends at your death. A durable POA also ends if:
The Indiana durable power of attorney form is a document by which an individual (principal) can authorize an agent (attorney-in-fact) to act on their behalf during their lifetime and in the event that they become incapacitated or die. This authorization is used primarily for making financial decisions in the principal’s interest.
In Illinois, there is no restriction as to who individuals can appoint as their attorney-in-fact. However, people are recommended to appoint someone who lives nearby, so they can more easily carry out business transactions face-to-face as needed.
Indiana durable power of attorney laws are highlighted below, along with details about the specific powers, legal requirements, revocation, and state-to-state validity. See Power of Attorney for Healthcare and Living Wills to learn more.
Powers of attorney, especially in the health care context, are serious matters and can be confusing. If you would like legal assistance with a power of attorney matter, you can contact an Indiana estate planning attorney in your area. Learn how to start a power of attorney on our Indiana power of attorney form page.
The only qualification for the agent is to be an individual older than 18 years of age and recommended someone that can be trusted by the person delegating power.
General (Financial) Power of Attorney – Permits the person granting the power to allow a trusted, responsible person to administer certain matters for his or her benefit. In the event the person making the POA is no longer able to make decisions for himself, this type of document will no longer be valid.
If you are an attorney, this means you have the power to act on someone else's behalf. You’ll often hear lawyers referred ...
Sign the document in front of a notary. Every state requires you and your principal to sign the durable POA in the presence of a notary. If you’re not sure where to find a notary, you can use the Notary Locator provided by the American Society of Notaries.
If your principal doesn't agree with something and doesn't want to include it, she can cross it out on the form and initial the change, or have you retype the form without that clause.
You’ll often hear lawyers referred to as attorneys-at-law, or simply as attorneys, because they have the power to act on behalf of their clients in particular legal situations. Likewise, when someone, as the principal, grants you durable power of attorney, you become their agent.
Financial decisions include the ability to access all bank, retirement, and credit accounts, sign income tax returns, collect Social Security or other government benefits, sell stocks and make investments, and manage the principal's real estate. Think carefully before you agree to be someone's agent.
Although it’s not strictly necessary, since the original POA was signed in the presence of a notary, the revocation has greater validity if it’s signed in front of a notary as well. Your principal will be responsible for taking a copy of the revocation to everyone who had a copy of the original POA.
Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.