Indiana § 30-5-3-3 - Recording power of attorney
Full text of Indiana Indiana Code § 30-5-3-3 — Recording power of attorney, with citation guidance and answers to common questions.
§ 30-5-3-3. Recording power of attorney
Sec. 3. (a) Except as provided in subsection (b), an attorney in fact may act under a power of attorney, including executing an instrument on the principal's behalf under IC 30-5-8-8, without recording the power of attorney with the county recorder.
(b) An attorney in fact shall record the power of attorney authorizing the execution of a document that must be recorded before presenting the document for recording.
(c) A county recorder may not accept a document for recording if the document:
(1) was executed; and
(2) is presented;
by an attorney in fact whose power of attorney is unrecorded.
(d) Except as provided in subsection (e), a document creating a power of attorney must comply with recording requirements, including notary and preparation statements, to be recorded under this section.
(e) An original document that created a power of attorney or a copy of the document that created the power of attorney may be recorded under this section if:
(1) the original document was executed by the principal in accordance with IC 30-5-4-1(a)(4)(B) or IC 30-5-11-4(a)(2); and
(2) a proof (as defined in IC 32-21-2-1.7) that:
(A) is signed by at least one (1) of the attesting witnesses; and
(B) complies with IC 33-42;
is attached to the original document or the copy.
(f) A document that is presented by an attorney in fact for recording must reference the book and page or instrument number where the instrument creating the power of attorney is recorded before the document may be presented by the attorney in fact.
As added by P.L.149-1991, SEC.2. Amended by P.L.99-2024, SEC.17.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 30-5-3-3
What does Indiana Code § 30-5-3-3 cover?
Section 30-5-3-3 ("Recording power of attorney") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 30-5-3-3?
A common citation format is "Indiana Code § 30-5-3-3" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 30-5-3-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.