Indiana § 30-5-4-1.3 - Attesting and subscribing witnesses; validity
Full text of Indiana Indiana Code § 30-5-4-1.3 — Attesting and subscribing witnesses; validity, with citation guidance and answers to common questions.
§ 30-5-4-1.3. 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.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 30-5-4-1.3
What does Indiana Code § 30-5-4-1.3 cover?
Section 30-5-4-1.3 ("Attesting and subscribing witnesses; validity") 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 § 30-5-4-1.3?
A common citation format is "Indiana Code § 30-5-4-1.3" (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 § 30-5-4-1.3 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.