Indiana Power of Attorney Requirements
Indiana’s Power of Attorney law (Indiana Code, IC 30-5) sets how a Power of Attorney is signed, whether it continues through incapacity, and what the agent (called the attorney in fact) must do. Here are the essentials in plain English, each linked to the official Indiana Code.
Based on Indiana Code, IC 30-5 (Powers of Attorney). Reviewed October 2026. Education, not legal advice — Indiana’s requirements are set by state law and can change, so confirm them with an official Indiana source or a licensed attorney.
Preparing to serve—or already serving—in Indiana?
The National Handbook explains the responsibilities. The National Workbook helps you organize the work. Use the Indiana information below to explore requirements, official sources, and available resources.
Requirements depend on your documents and applicable law. Confirm current information with official sources or a qualified professional in your state.
Where is Indiana’s Power of Attorney law?
Indiana’s Power of Attorney law is IC 30-5. Indiana does not use a single fill-in statutory form; a Power of Attorney can grant powers by referring to the descriptions in IC 30-5-5, which are then treated as if written out in full.
How does an Indiana Power of Attorney have to be signed?
Under IC 30-5-4-1, a Power of Attorney must be in writing, name an attorney in fact, and be signed by the principal (or at the principal’s direction) either in the presence of a notary public or in the presence of witnesses as the statute describes. The witness rules (IC 30-5-4-1.3 to 1.9) limit who may serve as a witness.
Is an Indiana Power of Attorney durable?
By default, yes. Under IC 30-5-10-3, except as otherwise stated in the Power of Attorney, it is not terminated by the incapacity of the principal.
When does an Indiana Power of Attorney take effect?
Under IC 30-5-4-2, a Power of Attorney may take effect at a later date or event. If it takes effect on incapacity and no one is named to decide, it becomes effective on a written determination by a physician, licensed psychologist or judge.
What records does an Indiana attorney in fact have to keep?
Under IC 30-5-6-4, the attorney in fact must keep complete records of all transactions made for the principal. An accounting is required when the Power of Attorney or a court requires it, or when certain people request it in writing, including the principal, a guardian, a child of the principal and, after death, the personal representative or an heir.
Does an Indiana Power of Attorney have to be recorded?
Under IC 30-5-3-3, an attorney in fact must record the Power of Attorney before presenting for recording a document signed under it, such as a real estate deed. Ask the county recorder or an Indiana attorney about the specifics.
How is an Indiana Power of Attorney revoked?
Under IC 30-5-10-1, a Power of Attorney may be revoked only by a written instrument that identifies it and is signed by the principal. If the Power of Attorney was recorded, the revocation is recorded too.
How is an Indiana advance directive signed?
Healthcare decisions are covered separately by an advance directive under IC 16-36-7. Under IC 16-36-7-28, it is signed in the presence of two adult witnesses or a notarial officer; if witnessed, at least one witness may not be the declarant’s spouse or other relative. The Indiana Department of Health notes there is no official or mandatory form.
IC 16-36-7-28 ↗Indiana Department of Health: Advance Directives ↗
This summary is educational and may not reflect the most current law — verify against the current statutes or with a Indiana attorney before relying on it.
The universal rules of the role
The exact forms, witnessing, and notarization rules change from state to state — those are in Indiana’s essentials above.But the heart of the role is the same everywhere in the U.S. Here’s what always applies.
Your duties as an agent
Every decision is for the principal, never for you. This is the core legal duty of an agent, everywhere.
Never mix the principal’s funds with your own. Use their accounts for their expenses, and don’t borrow or lend to yourself.
Track every transaction, receipt, and major decision. Good records protect the principal — and protect you if anyone ever asks.
You can only do what the Power of Attorney actually authorizes. If it isn’t granted in the document, you don’t have the authority.
Follow what they’d want, preserve their existing estate plan where you can, and avoid anything that benefits you at their expense.
What a Power of Attorney can’t do
A Power of Attorney works only while the principal is alive. The moment they pass, it ends and the will and executor (or trustee) take over.
An agent cannot make or rewrite the principal’s will, and generally can’t change beneficiary designations unless the document specifically allows it.
Powers not written into the document — like making gifts or changing accounts — usually aren’t allowed. When in doubt, it’s probably not authorized.
When you sign correctly as the agent (not personally), you’re acting for them — you don’t take on their debts by serving.
How to sign as an agent
Always sign in your representative capacity — never just your own name on the principal’s business. A safe format anywhere is “Jane Doe, as agent for John Doe” (some institutions prefer “John Doe by Jane Doe, agent”). Signing your name alone can make you personally liable; signing as the agent makes clear you’re acting for them.
When the authority ends
- The principal revokes it — they can, at any time, as long as they’re competent.
- The principal dies — authority passes to the will or trust.
- A court appoints a guardian or conservator, or the document’s own end date or condition is reached.
One key distinction, everywhere: a durable Power of Attorney keeps working if the principal becomes incapacitated; a non-durable one ends at incapacity. Whether yours is durable is stated in the document itself.
Where to get the official forms
The official Indiana Power of Attorney and health care directive forms are free from the state and its official resources. Here’s where to find them — we link them as a resource so you can go straight to the source. What we provide is the plain-language help to understand and actually use them, not the forms themselves.
- Indiana Code Title 30, Article 5 (Powers of Attorney) — official Indiana CodeOfficial source: Indiana General Assembly (Indiana Code)Indiana’s power of attorney law is IC 30-5 (creation of a power of attorney: IC 30-5-4). No general state-published statutory financial POA form was found.Open on iga.in.gov →
- Advanced Directive Resources — Indiana Disability RightsOfficial source: Indiana Disability Rights (state agency)State-agency toolkit, FAQ, planning sheet and Indiana Health Care Representative document for advance directives under IC 16-36-7.Open on in.gov →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice. These links are an educational resource pointing you to official sources; we are not affiliated with or endorsed by any government office. Power of Attorney and health care directive requirements vary by state and change over time. Before you sign or rely on any form, confirm it is the current, correct form for your situation with the official Indiana source above or a licensed Indiana attorney. If a link doesn’t open, search for the form by name on the official state website.
POST: a different kind of document
POST
Indiana Physician Orders for Scope of Treatment (POST), State Form 55317Source: Indiana Department of Health (IC 16-36-6)A POLST-type form is different from a general advance directive. It is generally intended for people with serious illness, advanced medical conditions or significant frailty, when current treatment wishes need to be written as medical orders — completed with a clinician. It is not a document every adult needs.Open on forms.in.gov →
Learn the whole role
The POA Caregiver Program is national and works in every state — education for the whole role, from the day you’re named agent to confident, organized caregiving, with a Certificate of Completion when you finish.
Get Updates for Indiana
Where to go for official help
A simple starting list of the government offices an agent under a Power of Attorney (or their caregiver) in Indiana may need. Click a website to open the office’s official page in a new tab.
- FSSA Adult Protective ServicesReport abuse, neglect or exploitation of endangered adults.www.in.gov/fssa/ddars/bba/adult-protective-services → · 800-992-6978
- FSSA Bureau of Better AgingIndiana’s aging bureau; connects you to your local Area Agency on Aging.www.in.gov/fssa/ddars/bba →
- Indiana Attorney General: Consumer ProtectionConsumer complaints and education on scams and identity theft.www.in.gov/attorneygeneral/consumer-protection-division →
- Indiana Legal HelpStatewide guide to free legal help, clinics and legal information.indianalegalhelp.org →
- Indiana 211Statewide referrals to local community resources.in211.org → · 2-1-1
- Eldercare Locator (federal)Free help finding local aging services, Area Agencies on Aging, and adult protective services anywhere in the U.S.eldercare.acl.gov → · 1-800-677-1116
- Social Security Administration (federal)Benefits, the representative payee program, retirement and disability.www.ssa.gov →
- Medicare (federal)Federal health coverage for people 65+ and some disabilities.www.medicare.gov →
- CFPB — Managing Someone Else’s MoneyPlain-language federal guides for agents under a Power of Attorney.www.consumerfinance.gov/consumer-tools/managing-someone-elses-money →
POA Caregiver™ is not affiliated with, endorsed by, or partnered with any of these offices. This list is a resource to help guide you to the right official source — nothing more. Government offices, links, and phone numbers change over time, so if a link doesn’t open, search for the office by name to find its current official page.
Some of the best help is free and official. We point you to these authoritative sources — and give you the journey, organization, and plain-language navigation on top of them. See the full national resource library →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice, and is not affiliated with or endorsed by these organizations. They are shared as free educational resources — always confirm details with the official source or a licensed professional in your state.
Guides for every agent, in any state
Plain-English help that applies wherever you live — start with The Power of Attorney Agent’s Guide, or jump in:
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POA Caregiver provides education, not legal, medical, financial or tax advice. Authority comes from the Power of Attorney document and applicable law, and serving as an agent is a different role from caregiving.
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