Sec. 4.7. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020.
(b) When an electronic power of attorney is executed, the power of attorney may be:
(1) attested; and
(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) at the time the electronic power of attorney is executed and no other signatures of the principal and witnesses are required for the power of attorney to be validly executed and self-proved.
(c) If an electronic power of attorney is executed by the signatures of the principal and witnesses on an attestation clause under section 4.5(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 signed by the principal and witnesses that meets the requirements of subsection (d) or (e).
(d) A self-proving clause must contain the acknowledgment of the power of attorney by the principal and the statements of the witnesses, each made under the laws of Indiana and evidenced by the signatures of the principal and witnesses (which may be made under the penalties of perjury) attached or annexed to the power of attorney in a form and with content substantially similar to the following:
"We the undersigned principal and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare:
(1) that the principal executed the instrument as the principal's power of attorney;
(2) that the principal and the witnesses interacted with each other in real time either in the same physical space or through the use of technology and the witnesses were able to observe the principal throughout the signing process;
(3) that, in the presence of both witnesses, the principal electronically signed the power of attorney or acknowledged the principal's electronic signature already made or directed another individual to electronically sign 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 purpose expressed in it;
(5) that each of the witnesses, in the presence of the principal and each other, signed the electronic power of attorney as a witness;
(6) that the principal was of sound mind when the power of attorney was executed; and
(7) 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 __________".
(e) An electronic power of attorney is attested and self-proved if the electronic record for the power of attorney includes a clause signed by the principal and the witnesses that indicates, in substance, that:
(1) the principal signified that the instrument is the principal's power of attorney;
(2) in the presence of at least two (2) witnesses, the principal electronically signed the instrument or acknowledged the principal's electronic signature already made or directed another individual 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 each other, electronically signed the instrument as a witness;
(5) the principal was of sound mind when the power of attorney was executed;
(6) the principal was, to the best knowledge of each witness, either:
(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) This section shall be construed to favor the effectuating of the principal's intent to make a valid power of attorney.
As added by P.L.185-2021, SEC.29.