Indiana § 30-5-8-8 - Attorney in fact; signature format; recording requirement

§ 30-5-8-8. Attorney in fact; signature format; recording requirement

Sec. 8. (a) This section applies to an instrument executed under this article by an attorney in fact on a principal's behalf.

(b) As used in this section, "agent" has the same meaning as "attorney in fact" as defined in IC 30-5-2-2.

(c) A principal's power of attorney may authorize an attorney in fact to execute an instrument on the principal's behalf if a statement appears:

(1) above;

(2) beside; or

(3) below;

the attorney in fact's signature.

(d) A statement under subsection (c) must:

(1) identify the principal; and

(2) indicate that the attorney in fact is acting as the principal's agent under the power of attorney.

(e) Any of the following example signature formats comply with this section and indicate that the attorney in fact is acting as the principal's agent under the power of attorney:

(1) Attorney in fact's signature

(Principal's name) by (attorney in fact's name), agent

(2) Principal's signature signed by the attorney in fact

(Principal's name) by (attorney in fact's name), POA

(3) Attorney in fact's signature

(Principal's name) by (attorney in fact's name), AIF

(4) Principal's printed name

Attorney in fact's signature

By: (Attorney in fact's name), as attorney in fact

(5) Principal's printed name

Attorney in fact's signature

By: (Attorney in fact's name), agent

(6) Principal's printed name

Attorney in fact's signature

By: (Attorney in fact's name), POA

(7) Principal's printed name

Attorney in fact's signature

By: (Attorney in fact's name), AIF

The examples listed in this subsection are not an exhaustive list.

(f) If an attorney in fact executes a deed or other instrument that must be recorded in the office of a county recorder, the instrument may incorporate by reference part or all of the principal's power of attorney that was previously recorded under IC 30-5-3-3.

As added by P.L.99-2024, SEC.18.

IC 30-5-9Chapter 9. Liabilities

30-5-9-1Negligent exercise of power; bad faith 30-5-9-2Attorney in fact benefiting from act; individual or conflicting interests 30-5-9-3Amended or terminated power of attorney 30-5-9-4Errors of judgment; actions or defaults of other persons 30-5-9-5Exoneration clauses 30-5-9-6Successor attorney in fact not liable for acts of predecessor 30-5-9-7Co-attorneys in fact 30-5-9-8Good faith purchasers; persons accepting authority of attorney in fact 30-5-9-9Persons refusing to accept authority of attorney in fact 30-5-9-10Health care providers; persons acting in good faith reliance on direction or decision of attorney in fact 30-5-9-11Liability of an attorney in fact