Sec. 3. The following terms are defined for this chapter:
(1) "Affidavit of regularity" means an affidavit executed by a custodian or other person under section 9 of this chapter with respect to the electronic record for an electronic power of attorney or a complete converted copy of an electronic power of attorney.
(2) "Complete converted copy" means a document in any format that:
(A) can be visually viewed in its entirety on a monitor or other display device;
(B) can be printed; and
(C) contains the text of an electronic power of attorney and a readable copy of any associated document integrity evidence that may be a part of or attached to the electronic power of attorney.
(3) "Custodian" means a person other than:
(A) the principal who executed the electronic power of attorney;
(B) an attorney; or
(C) a person who is named in the electronic power of attorney as an attorney in fact or successor attorney in fact under the power of attorney.
(4) "Custody" means the authorized possession and control of at least one (1) of the following:
(A) A complete copy of the electronic record for the electronic power of attorney.
(B) A complete converted copy of the electronic power of attorney if the complete electronic record has been lost or destroyed or the electronic power of attorney has been revoked.
(5) "Directed paralegal" means a nonlawyer assistant who is employed, retained, or otherwise associated with a licensed attorney or law firm and whose work is directly supervised by a licensed attorney, as required by Rule 5.3 of the Rules of Professional Conduct.
(6) "Document integrity evidence" means the part of the electronic record for the electronic power of attorney that:
(A) is created and maintained electronically;
(B) includes digital markers showing that the electronic power of attorney has not been altered after its initial execution by the principal;
(C) is logically associated with the electronic power of attorney in a tamper evident manner so that any change made to the text of the electronic power of attorney after its execution is visibly perceptible when the electronic record is displayed or printed;
(D) will generate an error message, invalidate an electronic signature, make the electronic record unreadable, or otherwise display evidence that some alteration was made to the electronic power of attorney after its execution; and
(E) displays the following information:
(i) The city and state in which, and the date and time at which, the electronic power of attorney was executed by the principal.
(ii) The name of the principal.
(iii) The name and address of the person responsible for marking the principal's signature on the electronic power of attorney at the principal's direction and in the principal's presence, as applicable.
(iv) A copy of or a link to the electronic signature of the principal on the electronic power of attorney.
(v) A general description of the type of identity verification evidence used to verify the principal's identity.
(vi) The content of the cryptographic hash or unique code used to complete the electronic record and make the electronic power of attorney tamper evident if a public key infrastructure or a similar secure technology was used to sign or authenticate the electronic power of attorney and if the vendor or software for the technology makes inclusion feasible.
Document integrity evidence may, but is not required to, contain other information about the electronic power of attorney such as a unique document number, client number, or other identifier that an attorney or custodian assigns to the electronic power of attorney or a link to a secure Internet web site where a complete copy of the electronic power of attorney is accessible. The title, heading, or label, if any, that is assigned to the document integrity evidence (such as "certificate of completion", "audit trail", or "audit log") is immaterial.
(7) "Electronic" has the meaning set forth in IC 26-2-8-102.
(8) "Electronic power of attorney" means a power of attorney created by a principal that:
(A) is initially created and maintained as an electronic record;
(B) contains the electronic signature of the principal creating the power of attorney;
(C) contains the date and time of the electronic signature of the principal creating the power of attorney; and
(D) is notarized.
The term includes an amendment to or a restatement of the power of attorney if the amendment or restatement complies with the requirements described in section 5 of this chapter.
(9) "Electronic record" has the meaning set forth in IC 26-2-8-102. The term may include one (1) or both of the following:
(A) The document integrity evidence associated with an electronic power of attorney.
(B) The identity verification evidence of the principal who executed the electronic power of attorney.
(10) "Electronic signature" has the meaning set forth in IC 26-2-8-102.
(11) "Executed" means the signing of a power of attorney. The term includes the use of an electronic signature.
(12) "Identity verification evidence" means either:
(A) a copy of a government issued photo identification card belonging to the principal; or
(B) any other information that verifies the identity of the principal if derived from one (1) or more of the following sources:
(i) A knowledge based authentication method.
(ii) A physical device.
(iii) A digital certificate using a public key infrastructure.
(iv) A verification or authorization code sent to or used by the principal.
(v) Biometric identification.
(vi) Any other commercially reasonable method for verifying the principal's identity using current or future technology.
(13) "Logically associated" means electronically connected, cross referenced, or linked in a reliable manner.
(14) "Observe" means to perceive another's actions or expressions of intent through the senses of eyesight or hearing, or both. The term includes perceptions involving the use of technology or learned skills to:
(A) assist the person's capabilities of eyesight or hearing, or both; or
(B) compensate for an impairment of the person's capabilities of eyesight or hearing, or both.
(15) "Observing" has the meaning set forth in subdivision (14).
(16) "Sign" means valid use of a properly executed electronic signature.
(17) "Signature" means the authorized use of the principal's name to authenticate a power of attorney. The term includes an electronic signature.
(18) "Tamper evident" means the feature of an electronic record, such as an electronic power of attorney or document integrity evidence for an electronic power of attorney, that will cause the fact of any alteration or tampering with the electronic record, after it is created or signed, to be perceptible to any person viewing the electronic record when it is printed on paper or viewed on a monitor or other display device. The term applies even if the nature or specific content of the alteration is not perceptible.
(19) "Traditional paper power of attorney" means a power of attorney or an amendment to or a restatement of a power of attorney that is signed by the principal on paper.
As added by P.L.40-2018, SEC.4. Amended by P.L.10-2019, SEC.120; P.L.231-2019, SEC.39; P.L.185-2021, SEC.24.