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Choose someone to act in financial matters on your behalf by executing a power of attorney (POA). FindLaw’s guided process means you can complete your own POA quickly and easily.

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Do I really need a power of attorney?

Powers of attorney fill in when unexpected events occur. If you are temporarily or permanently incapacitated due to injury or illness, you cannot manage your daily affairs or access our finances. A power of attorney ensures someone has the authority to carry them out when you are unable to do so.

Without a power of attorney, no one can address your important matters if you are not available. Your loved ones may have to pursue a conservatorship so a conservator can manage your assets and personal affairs. If this occurs, there is no guarantee that the court will choose the person you would want, or that they will act within your wishes. Conservatorships are also lengthy affairs that drum up legal fees. A power of attorney is a much less expensive option that is less stressful for your family.

FindLaw provides an easy-to-use service where you can create your own power of attorney quickly and securely.

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Last updated: January 25, 2022

Written by:

Jocelyn Mackie, J.D.

Contributing Author

Reviewed by:

Laura Temme, Esq.

Senior Legal Writer

Indiana power of attorney options

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What’s included:

Last will and testament

Health care directive

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How it works

The process takes less than an hour, and you can complete it from the comfort of your home

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time

Gather information

Indicate who your agent will be and what authority you want them to have

Complete your document

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary

How to get a power of attorney

Understand how a POA works in Indiana

A power of attorney is a document that allows another person to act on behalf of a principal. The principal is the individual who grants the authority, and the person they appoint is an attorney-in-fact or agent.

Most powers of attorney are durable, meaning they remain effective regardless of the principal’s disability or mental capacity. Durable powers of attorney grant broad powers so the agent can handle all outstanding affairs. However, some people execute limited powers of attorney, which limit the agent’s authority to one transaction or a few specific powers. Those documents are not meant to fill in if a principal is incapacitated; they usually assign someone to act for the principal if they are unavailable, e.g., an agent may attend a real estate closing while the principal is working abroad.

Certain powers of attorney can also appoint agents to make medical decisions when a principal cannot express their preferences. These documents are health care or medical powers of attorney and may accompany another form called a living will. We offer a combined health care power of attorney and living will here.

Choose attorney-in-fact

Your attorney-in-fact should be a trusted individual who knows your routines and valued transactions. Many people choose their spouse, domestic partner, a close friend or family member, or business partner to fulfill this role. Designate a successor attorney-in-fact just in case your primary choice cannot fulfill the duties listed in the power of attorney.

Assign powers

Read your power of attorney form carefully. If there are any duties you do not want to assign to your attorney-in-fact, cross them out. Keep in mind that if you eliminate too many of them, your attorney-in-fact will have limited authority.

Hire a notary public

Indiana state law requires that you sign your power of attorney in front of a notary public. You can find notary publics at most banks and credit unions or hire a mobile notary to visit you at home or work. There are also print and mail establishments that keep notary publics on staff who will notarize your documents for a fee. If you have a law firm review your power of attorney, they often have notaries on staff as well.

Provide copies

Once finished, make copies of your power of attorney and provide them to your attorney-in-fact, loved ones, and anyone else affected by it. Store the original in a safe deposit box or locking fireproof cabinet. Let your attorney-in-fact know where you keep the original.

If you decide to revoke your power of attorney, you can do so by signing a new one or a document called a revocation of power of attorney.

You may want to speak with a lawyer if:

You don’t know who to choose as your agent
You want to use a POA for Medicaid planning
You want to discuss which powers you should give your agent
You want legal review of your completed power of attorney

Find a local estate planning lawyer

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Commonly asked questions about powers of attorney in Indiana

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Is there such a thing as a free Indiana power of attorney form?

You will find free power of attorney forms online. However, they do not usually come with detailed instructions, which increases your chances of making an error. There is also no guarantee that they are enforceable in Indiana or appropriate for your situation.

Do I need a lawyer for a power of attorney?

Most people don’t need a lawyer if they use a reliable forms service like the one we offer. However, if your situation is complex, it might be a good idea to meet with an attorney. For example, if your family fights over money and you don’t know who to choose as your agent, a lawyer can help you make good decisions. Similarly, if you own a business or have complex financial accounts and responsibilities, an attorney may be necessary.

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