Attesting and subscribing witnesses; validity

Sec. 1.3. (a) This section applies to a power of attorney executed in the presence of witnesses under section 1 of this chapter on or after March 31, 2020. (b) Any person who, at the time of attestation, is competent to be a witness in this state may act as an attesting witness to the execution of a power of attorney. A subsequent incapacity of an attesting witness does not impair the effectiveness of a previously executed power of attorney. (c) A power of attorney executed under section 1(a)(4)(B) of this chapter is void if: (1) a subscribing witness to the execution of the power of attorney has an interest in the power of attorney as described in subsection (d); and (2) the power of attorney cannot be proved without the witness's testimony or proof of the witness's signature as a witness. (d) A person serving as a subscribing witness to the execution of a power of attorney has an interest in the power of attorney if: (1) the power of attorney names the person as the principal's attorney in fact or successor to the attorney in fact; (2) the power of attorney grants a power or beneficial interest to the person other than an appointment of the person as the principal's attorney in fact or successor to the attorney in fact; or (3) the witness is related to a person described in subdivision (1) or (2). (e) For purposes of this section, a witness is related to a person described in subdivision (1) or (2) if the person is: (1) the spouse of the witness; or (2) a descendant of the witness. As added by P.L.185-2021, SEC.19.