How to Get Power of Attorney in Indiana

Most families don't think about power of attorney until someone is already in the hospital or showing signs of cognitive decline. By then, the window for a straightforward signing is shrinking fast. Setting up a POA in Indiana while the principal is competent takes less time than most people expect — and the process is governed by specific state rules under Indiana Code Title 30, Article 5.

Here's what the process actually looks like, step by step.

Decide Which Type of POA You Need

Indiana recognizes several distinct types of power of attorney, and each serves a different purpose:

• Durable Financial POA — Covers banking, investments, tax filings, real estate transactions, and bill payments. Under IC § 30-5-10-3, every Indiana POA is automatically durable (survives incapacity) unless the document explicitly says otherwise.
• Healthcare Representative Appointment — Designates someone to make medical decisions if you lose capacity. Governed by Senate Enrolled Act 204, which modernized Indiana's healthcare directive framework effective January 2023.
• Limited (Special) POA — Grants authority for a single transaction, like selling a property or signing closing documents while you're out of state.

Most families need both a financial POA and a healthcare representative appointment. These are separate documents in Indiana.

Draft the Document

Indiana does not require a specific state-mandated form for financial POAs. Any written document that names an attorney-in-fact, defines the powers granted, and is properly executed will satisfy the statute. That said, the document must include explicit language for any authority beyond the statutory defaults — particularly gifting powers, which are not granted unless specifically stated under IC § 30-5-5-1.

For healthcare directives, Indiana eliminated the rigid state form requirement under SEA 204. Any written document identifying a healthcare representative and outlining treatment preferences qualifies, as long as it's properly signed and witnessed.

Execute the POA Correctly

This is where most DIY attempts go wrong. Under IC § 30-5-4-1, a financial POA must be:

1. In writing and signed by the principal
2. Notarized OR signed in front of two competent adult witnesses

While the law technically allows witness-only execution, banks and financial institutions routinely reject POAs that aren't notarized. If the POA grants real estate authority, notarization is effectively mandatory — county recorders won't accept unnotarized documents for recording.

Indiana caps notary fees at $10 per signature for traditional notarization, or $25 for remote online notarization.

Witness restrictions matter too. Under IC § 30-5-4-1.3, a witness cannot be the named agent, a successor agent, anyone receiving a benefit under the POA, or any spouse or descendant of those individuals.

Record and Distribute the Document

After signing, take these steps:

• Real estate authority — Record the POA with the county recorder where the property is located. The flat recording fee is $25 across Indiana's 92 counties. If you don't record it before the agent needs to act on a property transaction, the recorder will refuse the deed.
• Banking — Deliver a copy to every financial institution where the principal holds accounts. Under IC § 30-5-9-9, banks must accept a valid POA within three business days or face treble damages, attorney's fees, and prejudgment interest. Don't wait for an emergency to find out your bank has questions.
• Healthcare — Give copies to the principal's primary care physician, hospital system, and the designated healthcare representative.

What Happens If the Principal Already Has Cognitive Decline

A dementia diagnosis does not automatically prevent someone from signing a POA. Under Indiana law, capacity is evaluated at the exact moment of signing. If the principal understands the basic purpose and effect of the document at the time of execution, the POA is valid.

That said, the window is narrow. Once a physician formally certifies incapacity, the family's only option becomes court-ordered guardianship — a public, expensive process that costs $2,000 to $5,000 or more in attorney fees and requires ongoing court oversight.

Get the Full Process Mapped Out

The Indiana Power of Attorney Kit walks you through every step — from choosing the right POA type to handling bank acceptance issues — with Indiana-specific checklists and the exact statutory language institutions expect to see.

See more Indiana guides →