Indiana: Power of Attorney Requirements
The short answer
Indiana lets you choose between notarizing a power of attorney or having it witnessed — not both. The Indiana Power of Attorney Act is durable by default, so a properly made power of attorney survives your later incapacity unless you say otherwise. There's no fill-in statutory form for principals; instead, a document adopts the statute's list of powers by referring to or citing the sections that describe them. Recording with the county is not required just to use a power of attorney, but an attorney in fact must record it first if it will be used to record some other document on your behalf.
| Governing law | Indiana Power of Attorney Act, IC 30-5, applies to powers of attorney created after June 30, 1991 (§ 30-5-1-1); not based on the Uniform Power of Attorney Act |
|---|---|
| Who must sign | Signed by the principal, or by another person at the principal's direction, in the presence of either a notary public or attesting witnesses (§ 30-5-4-1(a)(4)) |
| Notarization | An alternative to witnesses, not an additive requirement: the principal's signature must be made in the presence of a notary public OR in the presence of witnesses, principal's choice; if someone else signs at the principal's direction, the notary must state that fact (§ 30-5-4-1(a)(4), (b)) |
| Witnesses | Required only if the signature is not notarized: at least two attesting witnesses (§ 30-5-4-1.5(b)); the power of attorney is void if it cannot be proved without the testimony or signature of a witness who has an interest in it — named as attorney in fact/successor, given a beneficial interest, or the spouse or descendant of such a person (§ 30-5-4-1.3(c)-(e)) |
| Statutory form | No fill-in form for principals to sign; instead a power of attorney can incorporate the statute's list of powers by referring to their descriptive language or citing the specific section (§ 30-5-5-1(a)) |
| Durable by default? | Yes — a power of attorney is not terminated by the principal's incapacity unless the document itself states otherwise (§ 30-5-10-3(a)) |
| Springing POA allowed? | Yes — a power of attorney may specify a future effective date or become effective on a future event; if the trigger is incapacity and no determiner is named (or that person cannot or will not act), a physician, licensed psychologist, or judge must set out the incapacity determination in writing (§ 30-5-4-2(b)-(c)) |
| Real estate extras | No recording is required to use a power of attorney, except that an attorney in fact must record it before presenting any document that itself must be recorded; a recorded power of attorney must meet ordinary recording requirements (notary and preparation statements), though a witness-only (non-notarized) power of attorney can still be recorded if a signed witness 'proof' is attached (§ 30-5-3-3) |
| Out-of-state POAs | Yes — a power of attorney is valid in Indiana if it was valid when executed under this article, prior Indiana law, common law, the law of another state or foreign country, or the federal military power of attorney statute (§ 30-5-3-2) |
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The short answer
Indiana's own Power of Attorney Act — not the Uniform Power of Attorney Act
used by many other states — sets the rules here. To be valid, a power of
attorney must be "signed by the principal or at the principal's direction:
(A) in the presence of a notary public; or (B) in the presence of witnesses"
(§ 30-5-4-1(a)(4)). You pick one path, not both.
The Act is durable by default: "a power of attorney is not terminated by the
incapacity of the principal" unless the document says otherwise (§
30-5-10-3(a)). There's no fill-in statutory form for principals to sign;
instead, the Act lets a document incorporate its own list of powers "by
referring to the descriptive language" or "citing to a specific section" (§
30-5-5-1(a)).
Requirements one by one
Governing law
The Indiana Power of Attorney Act, IC 30-5, applies to "all powers of
attorney created after June 30, 1991" (§ 30-5-1-1). Powers created earlier
are still generally covered unless applying the Act would unfairly change
rights or duties that existed when they were signed (§ 30-5-1-2). Indiana did
not adopt the Uniform Power of Attorney Act; this is a distinct, older state
act, amended repeatedly since 1991.
Who must sign
The principal signs, or, at the principal's direction, someone else signs
for them — either way, the signing happens "in the presence of a notary
public" or "in the presence of witnesses" (§ 30-5-4-1(a)(4)). If someone
signs on the principal's behalf, the notary "must state that the individual
who signed the power of attorney on behalf of the principal did so at the
principal's direction" (§ 30-5-4-1(b)).
Notarization
Notarization is one of two alternative routes to validity, not a mandatory
add-on: the principal's signature must be made "in the presence of a notary
public" or, instead, "in the presence of witnesses" (§ 30-5-4-1(a)(4)).
Choosing notarization means witnesses are not required.
Witnesses
Required only if the power of attorney is not notarized. A power of attorney
signed in the presence of witnesses "must be executed by the signatures of
the principal and at least two (2) witnesses" (§ 30-5-4-1.5(b)). A witness
can create a problem later: the document "is void if" a subscribing witness
"has an interest in the power of attorney" and the document "cannot be
proved without the witness's testimony or proof of the witness's signature"
(§ 30-5-4-1.3(c)). An interested witness is one named as the attorney in
fact or successor, one given a beneficial interest, or "the spouse" or "a
descendant" of such a person (§ 30-5-4-1.3(d)-(e)).
Statutory form
No. Indiana does not publish a fill-in power of attorney form for principals.
Instead, an attorney in fact "has a power granted under this chapter if the
power of attorney incorporates the power by: (1) referring to the descriptive
language" in the statute's power list, "or (2) citing to a specific section"
(§ 30-5-5-1(a)). Reference to that language "shall be construed as though the
entire section is set out in full in the power of attorney" (§ 30-5-5-1(b)),
so a short reference does the work a longer fill-in form would do elsewhere.
Durable by default?
Yes. "Except as otherwise stated in the power of attorney, a power of
attorney is not terminated by the incapacity of the principal" (§
30-5-10-3(a)). You don't need special durability language — you'd need
language limiting durability if you wanted the opposite.
Springing POA allowed?
Yes. A power of attorney may "specify the date on which the power will
become effective" or "become effective upon the occurrence of an event" (§
30-5-4-2(b)). If the triggering event is incapacity and the principal hasn't
named someone to determine that, or the named person "is unable or unwilling"
to decide, the power of attorney becomes effective once a "physician,
licensed psychologist, or judge" sets out the incapacity determination "in a
writing or other record" (§ 30-5-4-2(c)).
Real estate extras
Using a power of attorney doesn't itself require recording it: an attorney in
fact may act "without recording the power of attorney with the county
recorder" (§ 30-5-3-3(a)). But recording becomes mandatory in one specific
case: before presenting for recording any document that itself must be
recorded, "an attorney in fact shall record the power of attorney authorizing
the execution" of that document (§ 30-5-3-3(b)); a county recorder "may not
accept a document" from an attorney in fact whose power of attorney is
unrecorded (§ 30-5-3-3(c)). A recorded power of attorney generally must meet
ordinary recording requirements, "including notary and preparation
statements" (§ 30-5-3-3(d)) — though a witness-only power of attorney can
still be recorded if a signed witness "proof" is attached to it (§
30-5-3-3(e)).
Out-of-state POAs
Recognized. A power of attorney is valid in Indiana "if the power of
attorney was valid at the time the power of attorney was executed under any
of the following: (1) This article. (2) IC 30-2-11 (repealed). (3) Common
law. (4) The law of another state or foreign country. (5) The requirements
for a military power of attorney under 10 U.S.C. 1044b" (§ 30-5-3-2).
What trips people up
- Getting both a notary and witnesses "to be safe." The statute offers
notarization and witnessing as alternatives; picking one satisfies §
30-5-4-1(a)(4) without the other. - Using an interested witness. A witness who is also named as attorney in
fact or successor, given a beneficial interest, or that person's spouse or
descendant can void a witness-only power of attorney if the document later
needs that witness's testimony to be proved (§ 30-5-4-1.3(c)-(e)). - Assuming recording is always required, or never required. Ordinary use
needs no recording (§ 30-5-3-3(a)), but if you plan to use the power of
attorney to record a deed or similar document, the power of attorney itself
must be recorded first (§ 30-5-3-3(b)). - Looking for an official Indiana fill-in form. There isn't one for
principals; Indiana's approach is to let a document reference or cite the
statute's own list of powers instead (§ 30-5-5-1).
Common questions
Does Indiana require both a notary and witnesses? No. Pick one: a notary
public, or two or more witnesses (§ 30-5-4-1(a)(4), § 30-5-4-1.5(b)).
Is an Indiana power of attorney durable automatically? Yes. It survives
your incapacity unless the document says otherwise (§ 30-5-10-3(a)).
Can it take effect only if I become incapacitated later? Yes. Name
someone to determine that in writing; without a willing, named person, a
physician, licensed psychologist, or judge can make that determination
instead (§ 30-5-4-2(b)-(c)).
Is there an official Indiana power of attorney form? No fill-in form for
principals. A document instead incorporates the statute's powers by
reference or citation (§ 30-5-5-1(a)).
Statutes and sources
Quotations for §§ 30-5-1-1, 30-5-3-2, 30-5-3-3, 30-5-4-1, 30-5-4-1.3,
30-5-4-1.5, 30-5-4-2, 30-5-5-1, and 30-5-10-3 are from the 2025 Indiana Code
as published by the Indiana General Assembly, accessed 2026-07-04.
- § 30-5-1-1 — scope: applies to powers of attorney created after June
30, 1991. Quoted above.
View official text (iga.in.gov) - § 30-5-4-1 — validity conditions: writing, named attorney in fact,
signature before a notary or witnesses. Quoted above.
View official text (iga.in.gov) - § 30-5-4-1.3 — interested-witness voiding rule. Quoted above.
View official text (iga.in.gov) - § 30-5-4-1.5 — two-witness signature requirement. Quoted above.
View official text (iga.in.gov) - § 30-5-4-2 — effective date, springing, and incapacity determination.
Quoted above.
View official text (iga.in.gov) - § 30-5-5-1 — incorporation of statutory powers by reference, in place
of a fill-in form. Quoted above.
View official text (iga.in.gov) - § 30-5-10-3 — durability is the default. Quoted above.
View official text (iga.in.gov) - § 30-5-3-3 — recording of the power of attorney itself. Quoted above.
View official text (iga.in.gov) - § 30-5-3-2 — out-of-state and prior-law validity. Quoted above.
View official text (iga.in.gov)
No pending Indiana legislation currently affects any of the requirements
described on this page.
Source links
Every statute quoted above, linked, with the date we checked it.