What the rule says
Indiana's Power of Attorney Act, codified at Ind. Code § 30-5-1-1 et seq., provides a comprehensive POA framework with default durability and statutory protections.
Default durability
A properly executed Indiana POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under Ind. Code § 30-5-5, certain powers require express enumeration in the POA. The agent cannot exercise these powers based on general grants alone:
- Making a gift - Creating, amending, modifying, revoking, or terminating an inter vivos trust - Creating or changing rights of survivorship - Creating or changing a beneficiary designation - Delegating fiduciary authority - Disclaiming property
Third-party acceptance
Indiana law provides protections for third parties accepting properly executed POAs and creates obligations for third parties to accept them.
Execution requirements
A valid Indiana POA must be:
- Signed by the principal (or by another at the principal's direction) - Acknowledged before a notary public
Healthcare power of attorney is separate
Indiana separates property and healthcare frameworks. Healthcare decisions require a separate Indiana Power of Attorney for Health Care under Ind. Code § 16-36-1, a distinct document with its own execution requirements.
What happens without a POA
If an Indiana resident becomes incapacitated without an executed durable POA, the family must seek guardianship under Ind. Code § 29-3-1 et seq.
What you can do about it
For Indiana residents:
- Execute a durable POA under the Power of Attorney Act. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Healthcare POA. - Update older POAs.
Who this affects most
Indiana's POA framework is most consequential for Indiana adults without executed POAs and households where significant agent authority is needed. The default-durable rule reduces the risk of POA failure due to missing durability language.