CHAPTER 10. TERMINATION OF THE POWER OF ATTORNEY
IC 30-5-10
Chapter 10. Termination of the Power of Attorney
IC 30-5-10-0.5
Termination of power to exercise authority
Sec. 0.5. Unless the power of attorney provides otherwise, an
attorney in fact may exercise authority until the authority terminates
under this chapter, even if time has passed since the execution of the
power of attorney.
As added by P.L.143-2009, SEC.32.
IC 30-5-10-1
Revocation of power; record
Sec. 1. (a) Except as otherwise stated in the power of attorney, an
executed power of attorney may be revoked only by a written
instrument of revocation that:
(1) identifies the power of attorney revoked; and
(2) is signed by the principal.
(b) A revocation under subsection (a) is not effective unless the
attorney in fact or other person has actual knowledge of the
revocation.
(c) If an executed power of attorney was recorded under
IC 30-5-3-3, the revocation of the power of attorney must:
(1) be recorded; and
(2) reference the book and page or instrument number where the
instrument creating the power of attorney is recorded.
As added by P.L.149-1991, SEC.2.
IC 30-5-10-2
Specific termination date and time
Sec. 2. If a power of attorney specifies a termination date and
time, the power of attorney terminates at that date and time.
As added by P.L.149-1991, SEC.2.
IC 30-5-10-3
Incapacity of principal
Sec. 3. (a) Except as otherwise stated in the power of attorney, a
power of attorney is not terminated by the incapacity of the principal.
(b) The incapacity of a principal who has previously executed a
power of attorney that terminates on the principal's incapacity does
not revoke or terminate the power of attorney as to the attorney in
fact or other person who, without actual knowledge of the incapacity
of the principal, acts in good faith under the power. Unless otherwise
invalid or unenforceable, an action taken under this subsection binds
the principal and the principal's successors in interest.
As added by P.L.149-1991, SEC.2.
IC 30-5-10-4
Death of principal; missing or missing in action; attorney in fact
retains authority over anatomical gifts, autopsy, and disposition of
body
Sec. 4. (a) Except as provided in subsections (b) and (c), a power
of attorney terminates on the death of the principal.
(b) The death of a principal who has executed a written power of
attorney does not revoke or terminate the power of attorney as to the
attorney in fact or other person who, without actual knowledge of the
death of the principal, acts in good faith under the power. Unless
otherwise invalid or unenforceable, an action taken under this
subsection binds the principal and the principal's successors in
interest.
(c) The death of a principal who executes a written power of
attorney does not revoke or terminate the power of attorney as to
authority granted under IC 30-5-5-16(b)(5) through
IC 30-5-5-16(b)(7). An action taken under this subsection binds the
principal and the principal's successors in interest, unless the action
is inconsistent with a written directive executed by the principal
before the principal's death.
(d) Notice from the United States Department of Defense of the
death of a principal who has given a power of attorney is official
notice of the death of the principal. A report or listing of the
principal's being missing or missing in action does not do any of the
following:
(1) Constitute and may not be interpreted as actual notice of the
death of the principal.
(2) Terminate the power of attorney.
As added by P.L.149-1991, SEC.2. Amended by P.L.238-2005,
SEC.53.