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Free Indiana Power of Attorney Template

An Indiana power of attorney (POA) lets you appoint someone you trust to make financial, legal, or medical decisions on your behalf. Whether you're preparing for travel, illness, or long-term planning, this document ensures your wishes are carried out under Indiana law.

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  • Duration 2 min
  • Download as PDF and Word
  • E-sign included

Written by Josh Sainsbury | Attorney-Reviewed by Harvey Barbee, J.D.

How It works?

1

Answer a Few Questions

Add your name, your agent’s details, and choose what powers to grant.

2

Customize Your Form

Our builder ensures your POA meets Indiana legal requirements.

3

Download and Sign

Print, sign, and notarize your completed document to make it legally valid.

Table of Contents

  1. What Is an Indiana Power of Attorney?
  2. Types of Power of Attorney in Indiana
  3. How to Write a Power of Attorney in Indiana
  4. Indiana Power of Attorney Requirements and Legal Considerations

What Is an Indiana Power of Attorney?

An Indiana power of attorney (POA) is a legal document that allows you (the principal) to authorize another person (the agent) to act on your behalf for financial, medical, or legal matters.

Under the Indiana Power of Attorney Act (IN Code Title 30, Article 5), the principal must be at least 18 years old and mentally competent when signing.

POAs can grant limited or broad powers, and Indiana law presumes they are durable unless stated otherwise in the document (IN Code § 30-5-10-3).

Types of Power of Attorney in Indiana

Each POA serves a specific purpose and requires different signing conditions. The table below summarizes the primary types recognized under Indiana law.

TypeWhat It DoesSigning/Notarization Requirements
Durable (Financial)Remains valid even if the principal becomes incapacitated; authorizes an agent to manage finances and property.Notary acknowledgment or two witnesses (IN Code § 30-5-10-3)
Non-Durable (General)Grants broad authority for financial or legal matters but ends upon the principal’s incapacitation.Notary acknowledgment or two witnesses (§ 30-5-10-3)
Medical (Health Care)Lets your agent make healthcare decisions when you can’t communicate your wishes.Notary acknowledgment or two witnesses (IN Code § 16-36-7-28)
Limited (Special)Restricts the agent’s powers to specific actions, such as signing a contract or managing one transaction.Notary acknowledgment or two witnesses (IN Code § 30-5-4-1)
Real EstateAuthorizes an agent to buy, sell, or manage real property.Notary acknowledgment and filing with the county recorder (IN Code § 30-5-3-3)
Motor Vehicle (Form 01940)Grants an agent the power to transfer ownership or handle vehicle registration.Notary acknowledgment per (Indiana BMV Form 01940)
Tax (Form POA-1)Allows a representative to file taxes and handle tax issues with the Indiana Department of Revenue.Taxpayer signature per (Form POA-1)
Minor (Child)Lets parents or guardians delegate temporary authority to care for a child (up to 12 months).Notary acknowledgment (§ 30-5-4-1)
RevocationTerminates a previously granted POA.Notary acknowledgment (IN Code § 30-5-10-1)

How to Write a Power of Attorney in Indiana

Follow these steps to create a valid POA that complies with Indiana law:

  1. Name the parties: Include the full legal names and addresses of both the principal and the agent. You may also name co-agents or successor agents.
  2. Grant authority: Choose which general powers you want to give your agent, such as managing finances, accessing medical records, or handling property. General powers are outlined in IN Code § 30-5-5.
  3. Add specific instructions: Include any limitations or conditions for your agent’s powers.
  4. Set the effective date: Under IN Code § 30-5-4-2, a POA becomes effective when signed unless another date or triggering event is specified.
  5. Review and sign: Verify all information and sign the document before a notary public or two witnesses to make it enforceable.

Indiana Power of Attorney Requirements and Legal Considerations

Notarization

A POA must be signed by the principal and either notarized or witnessed by two competent adults. Under IN Code § 30-5-4-1, this acknowledgment confirms the document’s authenticity and ensures it will be honored by financial and legal institutions.

Filing

Filing isn’t always required but can be useful for verification. However, if the POA authorizes real estate transactions, it must be recorded with the county recorder where the property is located (IN Code § 30-5-3-3).

Revocation

The principal may revoke a POA at any time by providing written notice to the agent under IN Code § 30-5-10-1. The agent can also resign by notifying the principal in writing.

Revocation also occurs automatically upon the principal’s incapacitation (for non-durable POAs), or if the agent is the principal’s spouse and the couple divorces. Actions taken in good faith before the agent receives notice of revocation remain valid.