Updated September 3, 2026. Quick answer: IC 30-5-4-1(a)(4): signed by the principal, or at the principal’s direction, EITHER (A) in the presence of a notary public, OR (B) in the presence of at least two competent witnesses per IC 30-5-4-1.5(b) (either/or choice, not both). If the notary route is used and someone signed at the principal’s direction, the notary must state that fact. Durability is the DEFAULT. IC 30-5-10-3(a): “Except as otherwise stated in the power of attorney, a power of attorney is not terminated by the incapacity of the principal.” The drafter must affirmatively opt OUT of durability..
| Execution | IC 30-5-4-1(a)(4): signed by the principal, or at the principal’s direction, EITHER (A) in the presence of a notary public, OR (B) in the presence of at least two competent witnesses per IC 30-5-4-1.5(b) (either/or choice, not both). If the notary route is used and someone signed at the principal’s direction, the notary must state that fact. |
| Statutory form | No single fill-in-the-blank official POA document exists in the code. IC 30-5-5-1 through 30-5-5-19 provide statutory “descriptive language” for enumerated powers that may be incorporated by reference; IC 30-5-4-1.7 prescribes exact statutory self-proving-clause language. |
| Durability | Durability is the DEFAULT. IC 30-5-10-3(a): “Except as otherwise stated in the power of attorney, a power of attorney is not terminated by the incapacity of the principal.” The drafter must affirmatively opt OUT of durability. |
| Who may not witness | IC 30-5-4-1.3 disqualifies an “interested” witness: disqualified if the POA names that person as attorney in fact or successor, grants them a power or beneficial interest, or if the witness is related (spouse or descendant) to such a person. The POA is void as to that interested witness’s attestation if it cannot otherwise be proved without that testimony. |
| Agent must accept in writing | No |
| Authority | Indiana Code Title 30, Article 5, “Powers of Attorney,” IC 30-5-1-1 et seq. |
What decides whether the document is valid
IC 30-5-4-1(a)(4): signed by the principal, or at the principal’s direction, EITHER (A) in the presence of a notary public, OR (B) in the presence of at least two competent witnesses per IC 30-5-4-1.5(b) (either/or choice, not both). If the notary route is used and someone signed at the principal’s direction, the notary must state that fact. Get this wrong and the document is not merely weak: it may be void, and you will find out at the moment somebody needs to use it.
The statutory form
No single fill-in-the-blank official POA document exists in the code. IC 30-5-5-1 through 30-5-5-19 provide statutory “descriptive language” for enumerated powers that may be incorporated by reference; IC 30-5-4-1.7 prescribes exact statutory self-proving-clause language.
If the free form does not fit your situation
This state puts a form in its statute but does not publish a free filled-in copy, so you are transcribing statutory text either way. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. For a complex estate or a likely family dispute, a lawyer is the better route.
LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Durability: the point most people get wrong
Durability is the DEFAULT. IC 30-5-10-3(a): “Except as otherwise stated in the power of attorney, a power of attorney is not terminated by the incapacity of the principal.” The drafter must affirmatively opt OUT of durability. This is one of the most consequential drafting points in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Indiana addresses this: Yes: IC 30-5-9-9. A person who does not accept/honor a POA within 3 business days of presentation is liable to the principal as if they had refused to deal with the principal directly, unless narrow exceptions apply (notice of revocation, expired duration, actual knowledge of death, or a good-faith belief with a written statement of reason within 10 business days). Remedy for wrongful refusal: treble (3x) actual damages, attorney’s fees, and prejudgment interest.
What the form does not solve
- Social Security will not accept it. No power of attorney works there: a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing: how to choose when there is no obvious person.
All 51 jurisdictions compared.
Also for Indiana: Indiana Small Estate Affidavit · How Much Does a Will Cost in Indiana?.
General information drawn from state statute, not legal advice. Powers of attorney are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.