How to Get Power of Attorney in Indiana

Step 1: Confirm Your Parent Has Capacity to Sign

Before anything else, your parent must have the cognitive ability to understand what they are signing. Indiana law requires a "sound mind" at the time of execution. A dementia diagnosis alone does not disqualify them — if they can understand the basic concept of delegating financial or healthcare decisions to you, they likely still have sufficient legal capacity.

If there is any question about capacity, have the conversation with your parent's primary care physician first. A brief cognitive assessment can document capacity at the time of signing, which protects the document against later challenges from other family members.

If your parent has already lost capacity, the voluntary POA path is closed. The only option is a guardianship petition through probate court — a process that costs $3,000 to $10,000 in legal fees, requires a physician's report, and involves a formal hearing.

Step 2: Understand That Indiana Requires Two Separate Documents

Indiana separates financial authority from medical authority into two distinct legal instruments. Most families need both.

The Durable Financial Power of Attorney under IC 30-5 covers bank accounts, bill-paying, real estate, tax filings, Medicaid applications, and trust creation. The Advance Directive for Health Care Decisions under IC 16-36-7 covers medical treatment decisions, end-of-life wishes, and healthcare information access. The old "healthcare power of attorney" was retired effective January 1, 2023, so avoid templates that still use that terminology.

Step 3: Draft the Financial POA With Specific Statutory Powers

Indiana does not have a mandatory state form for the durable financial POA. The document must include certain elements: it must be in writing, name an attorney-in-fact, define their powers, and be signed by the principal.

The critical detail most generic templates miss is the scope of authority. Under IC § 30-5-5-1, general language does not automatically grant all financial powers. You must reference specific sections of IC 30-5-5 to activate particular categories of authority. Powers that must be explicitly included — because they are never implied — are the power to make gifts (IC § 30-5-5-9), the power to create or fund trusts, and the power to apply for public benefits.

If your parent might eventually need Medicaid, include trust-creation powers. A Miller Trust (Qualified Income Trust) is required when a Medicaid applicant's monthly income exceeds the $2,982 Special Income Level, and the agent needs explicit authority to establish one.

Step 4: Execute the Document Properly

Since July 1, 2024, IC § 30-5-4-1.5 requires the principal to sign using one of two methods. They sign in the physical presence of a notary public, or they sign in the physical presence of at least two competent adult witnesses.

Notarization is strongly recommended. Financial institutions routinely reject witnessed-only POAs, and county recorders require notarization for real estate filings. An Indiana notary may charge up to $10 per individual notarization, although travel or other service fees may apply; notarization eliminates an entire category of institutional friction.

If you use witnesses, verify that neither is an "interested witness" under IC § 30-5-4-1.3. A witness is interested if they are the named agent, a successor agent, anyone with a beneficial interest under the document, or the spouse or descendant of any such person. If the POA cannot be legally proved without an interested witness's testimony, the document is void.

Step 5: Execute the Advance Directive

The Advance Directive has its own execution rules under IC § 16-36-7-28. The document must be in writing, dated, and signed by the declarant. It must then be validated by either two adult witnesses (at least one of whom is not a spouse or relative) or a notary public.

Indiana permits remote execution through real-time audiovisual technology if your parent cannot be physically present with witnesses. Paper counterparts are also allowed, provided all signed versions are combined into a single composite document within ten business days.

Step 6: Distribute Certified Copies

A power of attorney that sits in a drawer does not help during a crisis. Once both documents are executed, distribute copies to the people and institutions that will need them. Give copies to your parent's primary bank, their primary care physician, the hospital system they are most likely to use, and any other financial institutions where they hold accounts.

For real estate, IC § 30-5-3-3 requires recording the POA with the county recorder in the county where the property is located before you can file any deed or transfer document. Do this proactively rather than waiting until a transaction is pending.

Common Mistakes That Invalidate Indiana POAs

Three errors account for most failed POAs in Indiana. Using a generic national template that does not reference Indiana's specific statutory power categories. Having an interested witness sign the document. And failing to include explicit trust-creation or benefit-application powers that become essential during Medicaid planning.

A fourth, less obvious mistake: signing a POA that contains language terminating the agent's authority upon incapacity. Indiana is a durable-by-default state under IC § 30-5-10-3, but that default only applies if the document does not contradict it. Some boilerplate templates from other states include language that accidentally undoes durability.

The Indiana Legal Authority System provides Indiana-specific templates with the correct statutory references already built in, along with step-by-step execution checklists for both the financial POA and the Advance Directive.

See more Indiana guides →