Section 30-5-4-1.7 - Self-proving clause; counterparts(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) When a power of attorney is executed, the power of attorney may be:(2) made self-proving; by incorporating into or attaching to the power of attorney a self-proving clause that meets the requirements of subsection (d) or (e). If the principal and witnesses sign a self-proving clause that meets the requirements of subsection (d) or (e) at the time the power of attorney is executed, no other signature of the principal or witnesses is required in order for the power of attorney to be validly executed and self-proved.
(c) If a power of attorney is executed by the signatures of the principal and witnesses on an attestation clause under section 1.5(c) of this chapter, the power of attorney may be made self-proving at a later date by attaching to the power of attorney a self-proving clause that: (1) is signed by the principal and witnesses; and(2) meets the requirements specified in subsections (d) and (e).(d) A self-proving clause must: (1) contain the acknowledgment of the power of attorney by the:(B) statements of the witnesses; under the laws of Indiana;
(2) evidence the acknowledgment described in subdivision (1) by the signatures of the principal and witnesses (which may be made under the penalties of perjury); and(3) be attached or annexed to the power of attorney in a form that is substantially as follows: "We, the undersigned principal and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare that:
(1) the principal executed the instrument as the principal's power of attorney;(2) in the presence of both witnesses, the principal signed or acknowledged the signature already made or directed another to sign for the principal in the principal's presence;(3) the principal executed the power of attorney as a free and voluntary act for the purposes expressed in it;(4) each of the witnesses, in the presence of the principal and of each other, signed the power of attorney as a witness;(5) the principal was of sound mind when the power of attorney was executed; and(6) to the best knowledge of each witness, the principal was, at the time the power of attorney was executed, at least eighteen (18) years of age or was a member of the armed forces or the merchant marine of the United States or its allies. Date __________
Principal __________
Witness __________
Witness __________".
(e) A power of attorney is attested and self-proved if the power of attorney includes or has attached a clause signed by the principal and the witnesses that indicates that: (1) the principal signified that the instrument is the principal's power of attorney;(2) in the presence of least two (2) witnesses, the principal signed the instrument or acknowledged the principal's signature already made or directed another to sign for the principal in the principal's presence;(3) the principal executed the instrument freely and voluntarily for the purposes expressed in it;(4) each of the witnesses, in the principal's presence and in the presence of all other witnesses, is executing the instrument as a witness;(5) the principal was of sound mind when the power of attorney was executed; and(6) the principal is, to the best knowledge of each of the witnesses:(A) at least eighteen (18) years of age; or(B) a member of the armed forces or the merchant marine of the United States or its allies.(f) If the principal and the attesting witnesses executed the power of attorney in two (2) or more counterparts on paper under section 1.5(d) of this chapter, the self-proving clause, if any, for that power of attorney must substantially be in the following form: "We, the undersigned principal and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare:
(1) that the undersigned principal and witnesses interacted with each other in real time through the use of technology and the witnesses were able to observe the principal throughout the signing process;(2) that the principal executed a complete counterpart of the instrument, in readable form on paper, as the principal's power of attorney;(3) that, in the presence of both witnesses, the principal signed the paper counterpart of the power of attorney or acknowledged the principal's signature already made or directed another individual to sign the paper counterpart of the power of attorney for the principal in the principal's presence;(4) that the principal executed the power of attorney as a free and voluntary act for the purposes expressed in it;(5) that each of the witnesses, in the presence of the principal and of each other, signed one (1) or more other complete counterparts of the power of attorney as a witness;(6) that each paper counterpart of the power of attorney that was signed by a witness was complete, in readable form, and with content identical to the paper counterpart signed by the principal;(7) that the principal was of sound mind when the power of attorney was executed; and(8) that, to the best knowledge of each of the witnesses, the principal was, at the time the power of attorney was executed, at least eighteen (18) years of age or was a member of the armed forces or the merchant marine of the United States or its allies. Date __________
Principal __________
Witness __________
Witness __________".
(g) This section shall be construed to favor the effectuating of the principal's intent to make a valid power of attorney.Added by P.L. 185-2021,SEC. 21, eff. 4/29/2021.