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Indiana Statutes, Title 30

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Title 30, TRUSTS AND FIDUCIARIES

47 chapters · 680 sections in this title.

All chapters in Title 30680 Ch 10, Funeral Trust Funds76 Ch 3, Bond of Fiduciary in Judicial Sale53 Ch 5, Other Investments by Fiduciaries51 Ch 14, Uniform Principal and Income Act46 Ch 9, Resulting Trusts and Powers44 Ch 13, Payment of Funeral, Burial Services,…42 Ch 8.5, Indiana Uniform Transfers to Minors Act40 Ch 8.6, Uniform Custodial Trust Act39 Ch 2, Sales of Securities38 Ch 4, Investments in Inter-American Develo…32 Ch 6, Oil, Gas, and Mineral Leases32 Ch 8, Common Trust Funds30 Ch 7, Mining Contracts Executed by Guardians29 Ch 15, Total Return Unitrusts27

16 sections·Filtered byTitle 30✕Ch 11✕

Ind. Code § 30-5-11-1 Purpose of chapter; presumptions
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Sec. 1. The purpose of this chapter is to provide rules for the valid execution, amendment, and revocation of powers of attorney that are prepared and signed electronically. This chapter shall be applied fairly and flexibly so that a principal whose identity can be verified, who …
Ind. Code § 30-5-11-10 Prima facie evidence of validity
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Sec. 10. (a) An electronic record, including any accompanying document integrity evidence contained in the electronic record, is: (1) prima facie evidence of the validity of the electronic power of attorney; and (2) prima facie evidence of the absence of unauthorized alteration o…
Ind. Code § 30-5-11-11 "Digital asset"; "electronic communication"; "custodian"; "user"; "transaction in or affecting interstate or foreign commerce"; exclusive authority
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Sec. 11. (a) For purposes of IC 29-3, IC 30-5, and IC 32-39: (1) the electronic record for an electronic power of attorney is a "digital asset" as defined in IC 32-39-1-10; (2) the electronic record for an electronic power of attorney is not an "electronic communication" as defin…
Ind. Code § 30-5-11-2 Exclusive authority; application of other statutes

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Sec. 2. (a) Except as provided in subsection (b), electronic powers of attorney are exclusively governed by this chapter. (b) If this chapter does not provide an explicit definition, form, rule, or statute concerning the creation, execution, interpretation, storage, or use of an …

Ind. Code § 30-5-11-3 Definitions

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Sec. 3. The following terms are defined for this chapter: (1) "Affidavit of regularity" means an affidavit executed by a custodian or other person under section 9 of this chapter with respect to the electronic record for an electronic power of attorney or a complete converted cop…

Ind. Code § 30-5-11-4 Creation of electronic power of attorney

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Sec. 4. (a) A principal, or person acting at the principal's direction, may create a valid power of attorney by electronically signing an electronic power of attorney: (1) in the presence of a notary; or (2) in the presence of witnesses under sections 4.3, 4.5, 4.7, and 4.9 of th…

Ind. Code § 30-5-11-4.1 Certain powers of attorney created in reliance on supreme court order

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Sec. 4.1. (a) This section applies to a power of attorney that is electronically signed and notarized: (1) on or after March 31, 2020; and (2) before January 1, 2022. (b) If a power of attorney described in subsection (a) was electronically signed and notarized by a notary public…

Ind. Code § 30-5-11-4.3 Certain electronic powers of attorney created in reliance on supreme court order

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Sec. 4.3. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) 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 a…

Ind. Code § 30-5-11-4.5 Electronic power of attorney; witnesses; self-proving clauses; presence requirement

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Sec. 4.5. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020. (b) An electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this ch…

Ind. Code § 30-5-11-4.7 Electronic power of attorney; form of self-proving clause

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Sec. 4.7. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020. (b) When an electronic power of attorney is executed, the power of attorney may be: (1) attested; and (2) …

Ind. Code § 30-5-11-4.9 Admissibility of recordings and images

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Sec. 4.9. (a) Subject to the Indiana Rules of Evidence and the Indiana Rules of Trial Procedure: (1) a video or audio recording of a principal captured or made either before or after the execution of an electronic power of attorney; or (2) a video recording, one (1) or more photo…

Ind. Code § 30-5-11-5 Amendment of electronic power of attorney; revocation of electronic power of attorney

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Sec. 5. (a) If the principal created or last amended a power of attorney by electronically signing an electronic power of attorney, the principal may amend or revoke the power of attorney as follows: (1) By complying with a method provided in the terms of the power of attorney an…

Ind. Code § 30-5-11-6 Maintenance, receipt, and transfer of electronic power of attorney

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Sec. 6. (a) Any person, with the written authorization of the principal, may maintain, receive, or transfer custody of: (1) the electronic record for an electronic power of attorney (and any accompanying document integrity evidence); or (2) a complete converted copy of the electr…

Ind. Code § 30-5-11-7 Delivery of electronic power of attorney following death of principal

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Sec. 7. (a) After a principal's death becomes known to a custodian or other person in possession or control of: (1) the electronic record associated with the principal's electronic power of attorney; or (2) a complete converted copy of the principal's electronic power of attorney…

Ind. Code § 30-5-11-8 "Destroy"; destruction of electronic power of attorney

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Sec. 8. (a) As used in this section, "destroy" means any action that: (1) permanently deletes the electronic record associated with an electronic power of attorney; or (2) renders the electronic record associated with an electronic power of attorney unreadable and nonretrievable.…

Ind. Code § 30-5-11-9 Affidavit of regularity

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Sec. 9. Whenever this chapter requires or permits a custodian or other person to make an affidavit of regularity with respect to an electronic power of attorney or a complete converted copy, the custodian or other person responsible for the creation of the affidavit of regularity…