Free Indiana Real Estate Power of Attorney Form Template

An Indiana real estate power of attorney form appoints an attorney in fact to handle real property for you. Article 5 of Title 30 of the Indiana Code governs powers of attorney, including how they’re created and when they must be recorded.

Indiana’s rules cover both signing and recording.

What the Document Must Do

Under section 30-5-4-1, a power of attorney must be in writing, name an attorney in fact, give that person power to act for the principal, and be signed by the principal or at the principal’s direction.

Before a Notary or Witnesses

The signing takes place in the presence of a notary public or in the presence of witnesses. Under section 30-5-4-1.5, signing before witnesses requires the signatures of the principal and at least two witnesses.

Recording Before the Deed

Section 30-5-3-3 lets an attorney in fact act without recording the power of attorney. But the power of attorney must be recorded before the attorney in fact presents any document for recording that they signed under it.

County Recorders Enforce It

A county recorder may not accept a document for recording if it was executed and presented by an attorney in fact whose power of attorney is unrecorded.

Yes, before your attorney in fact records a deed or other document they signed under it. Section 30-5-3-3 requires the power of attorney to be recorded first.

The recorded document also has to reference the book and page or instrument number where the power of attorney is recorded.

Tip: Record your Indiana real estate power of attorney form with the county recorder before the closing, so your attorney in fact can record the deed without delay.

Prepare it with recording in mind:

1. Name yourself as principal and your attorney in fact.
2. Identify the property and the powers you grant.
3. List any limits on the attorney in fact’s powers.
4. Sign before a notary, or before at least two witnesses.
5. Record it with the county recorder before any deed is recorded.
6. Give the signed document to your attorney in fact.

Cover these points:

• Principal’s and attorney in fact’s names
• A grant of power to act for you
• The property and the powers granted
• Principal’s signature
• A notary’s acknowledgment or witness signatures

Document Genius’s guided form covers each item, so your Indiana real estate power of attorney form is ready to sign in minutes.